Shiv Sharan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62269 of 2019 Arising Out of PS. Case No.-121 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== 1.
SHIV SHARAN MAHTO Son of Dharkan Mahto Resident of Village - Majhaura, P.S.- Sursand, Dist.- Sitamarhi.
2.
Chandan Kumar Son of Bhikhari Mahto Resident of Village - Majhaura, P.S.- Sursand, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Dilbar Krishna For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Petitioners seek bail in anticipation of their arrest in connection with Sursand P.S. Case No. 121 of 2019 registered for the offences punishable under Sections 341, 147, 148, 323, 325, 302 and 504 of the Indian Penal Code.
As per FIR petitioner and other accused persons assaulted the informant and his father, later on his father succumbed to the injuries.
Submission of learned counsel for the petitioners is that there is general and omnibus allegation and furthermore only two injuries were found on the person of deceased. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail
Patna High Court CR. MISC. No.62269 of 2019(3) dt.08-01-2020 2/2 stating that prayer for anticipatory bail of some of the accused persons has already been rejected by a co-ordinate Bench of this Court by order dated 3.12.2019 passed in Cr.Misc.No. 63624 of 2019 with some observation.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. However, if they surrender and pray for regular bail, the same shall be considered on the basis of materials available on the record and, if possible, to be disposed of on the same day. This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) spal/- U T