Binod Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49205 of 2017 Arising Out of PS. Case No.-178 Year-2017 Thana- BAIRIYA District- West Champaran ======================================================
1. Binod Sah son of Heera Sah.
2. Suresh Sah son of Misri Sah.
3. Pyare Lal Sah son of Suresh Sah. All Resident of VillageThadwa Nandpur, Police Station- Bairiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No.-7 For the Opposite Party/s :
Mr. SRI UMA SHANKAR PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-11-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Bairiya P.S. Case No. 178 of 2017 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.
Learned counsel appearing for the petitioners submits that the dispute arose between the parties while their children were playing together. On account of the same scuffle took place between the parties in which both the sides sustained injuries. There is case and counter case between the parties. Petitioners have no criminal antecedent.
Learned Addl. P.P. appearing for the State opposes the
Patna High Court Cr.Misc. No.49205 of 2017(3) dt.16-11-2017 2/2 prayer for bail and submits that there are specific allegations of assault against these petitioners which are supported by the injuries sustained. The injuries sustained have been found to be grievous in nature.
Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioners. The same is, therefore, rejected.
(Arvind Srivastava, J) mcv/- U T