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Patna High CourtCR. MISC./63386/2019dismissed

Tulshi Rai v. The State Of Bihar

2019-10-21Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63386 of 2019 Arising Out of PS. Case No.-279 Year-2015 Thana- GHORASAHAN DistrictEast Champaran ====================================================== 1.

TULSHI RAI Son of Late Bhairav Rai Resident of Village - Gothiya, P.S.- Lakhaura, Distt.- East Champaran.

2.

Mohan Rai @ Mohar Rai Son of Raja Rai Resident of Village - Gothiya, P.S.- Lakhaura, Distt.- East Champaran.

3.

Sanjay Rai Son of Jiyalal Rai Resident of Village - Gothiya, P.S.- Lakhaura, Distt.- East Champaran.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Umesh Chandra Verma, Advocate.

For the Opposite Party:

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 324, 307, 341, 342, 379, 448, 504 and 506 of the Indian Penal Code registered in connection with Ghorasahan (Lakhaura) P.S. Case No. 279 of 2015.

3. At the outset, learned APP submits that the F.I.R. has been filed as far back as in the year 2015, but the petitioners have approached this Court in the year 2019 and there does not appear to be any immediate apprehension of arrest of the

Patna High Court CR. MISC. No.63386 of 2019(2) dt.21-10-2019 2/2 petitioners.

4. Considering that the petitioners have not shown any cause for immediate apprehension of arrest and the anticipatory bail petition has been filed about four years after filing of the F.I.R., this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law, without being prejudiced by any observation in the present order.

(Vikash Jain, J) Ibrar//- U T