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Patna High CourtCR. MISC./36503/2018dismissed

Ram Balak Sahni And ORS v. The State Of Bihar

2018-08-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36503 of 2018 Arising Out of PS.Case No. -139 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================

1. Ram Balak Sahni, Son of Ganga Sahni,

2. Subodh Sahni, son of Shatrudhan Sahni.

3. Shatrudhan Sahni. Son of Paltu Sahni, All are resident of VillageRusulpur, Police Station- Goraul (O.P. Kathara), District- Vaishali. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 At the very outset, learned counsel for the petitioners has submitted that petitioner Nos. 2 and 3, named above, have been arrested during pendency of this application. In view of aforesaid submission, this application with respect to petitioner Nos. 2 and 3 is dismissed as being infructuous.

Heard learned counsel for the petitioner No.1. Petitioner apprehends his arrest in connection with Goraul (O.P. Kathara) P.S.Case No. 139 of 2017 registered for the offences punishable under Sections 341, 323, 447, 307, 504, 34 of the Indian Penal Code and later on Section 302 IPC was added. Allegation against the petitioner is that he along with

Patna High Court Cr.Misc. No.36503 of 2018 (3) dt.07-08-2018 2/2 others assaulted the deceased, due to which he died. Submission of learned counsel for the petitioner is that no specific allegation of assault is attributed against him and there is general allegation of assault and only one injury was found on the person of deceased.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U