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Patna High CourtCR. MISC./63377/2017dismissed

Gautam Kumar And ORS v. The State Of Bihar

2018-02-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63377 of 2017 Arising Out of PS.Case No. -200 Year- 2017 Thana -BYPASS District- PATNA ======================================================

1. Gautam Kumar,

2. Govinda Kumar,

3. Gaurav Kumar, all sons of Dayanand Singh, all resident of villageMarchi, P.S.- Bypass, Distt.- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Smt. Asha Devi, APP For the Informant : Mr. Shashi Shekhar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 19-02-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Bypass P.S. Case No.200 of 2017 instituted for the offence under Section(s) 307 and other allied sections of the Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, IV, Patna City, Patna.

It is alleged in the written report that on the date of occurrence all these petitioners assaulted the informant and his family members with lathi, iron rod, butt of the pistol etc. Case diary has been received, wherein, statement of the injured have been recorded in para 19, 20, 21, and 22. All the injured have supported the allegation of assault by the petitioners.

Patna High Court Cr.Misc. No.63377 of 2017 (4) dt.19-02-2018 2/2 Injury reports are also available in the case diary from para 67 to 71, which show that the informant and other four members of his family have sustained injury on vital part i.e. parietal region of the head.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioners for grant of anticipatory bail is rejected.

Petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T