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Patna High CourtCR. MISC./51884/2018dismissed

Laxman Singh And ANR v. The State Of Bihar

2018-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51884 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- BATHNAHA District- Sitamarhi ======================================================

1. Laxman Singh,

2. Shatrudhan Singh, Both S/o Ram Anek Singh, resident of Village- Bhaluaha, P.S.- Bathnaha, Dist. Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Bathnaha Police Station Case No.97 of 2018 registered for the offences punishable under Sections 341, 323, 326, 324, 379, 447, 504, 506/34 of the Indian Penal Code pending in the court of learned Sessions Judge, Sitamarhi. There is case and counter case. Allegation against the petitioners is of commission of injury with Farsa at the head of the informant. Though the doctor has found two head injuries on the person of the informant, however, according to medical opinion they were caused by hard and blunt substance. Submission is that the allegation of repetition of

Patna High Court Cr.Misc. No.51884 of 2018(4) dt.21-12-2018 2/2 blow is not against any of the petitioners. There is case and counter case.

Considering the fact that petitioners had knowledge that their act might cause death, hence, I am not inclined to enlarge the petitioners, above named, on anticipatory bail. Accordingly, prayer is refused.

However, in the event of their surrender before the court below within three weeks, their prayer for regular bail shall be considered without being prejudiced by this order. (Birendra Kumar, J) abhishek/- U T