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Patna High CourtCR. MISC./74626/2019bail rejected

Parshuram Pathak v. The State Of Bihar

2019-11-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74626 of 2019 Arising Out of PS. Case No.-210 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Parshuram Pathak S/o Late Ramayan Pathak, R/o village- Ijari Sri Ram, P.S.- Buxar (M), District- Buxar.

2.

Ram Awatar Pathak S/o Sri Parshuram Pathak, R/o village- Ijari Sri Ram, P.S.- Buxar (M), District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Binod Bihari Sinha For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Buxar (M) P.S. Case No.210 of 2019 registered for offence punishable under sections 147, 148, 149, 341, 323, 307, 427, 504 of the Indian Penal Code and section 27 of the Arms Act.

Allegation has been made against these petitioners that they came with the different weapons, including lathi, danda and also used fire arms, caused injury to the victim lady. The learned counsel for the petitioners submits that there is a land dispute between the parties, case and counter case

Patna High Court CR. MISC. No.74626 of 2019(2) dt.25-11-2019 2/2 from both sides and the injury is simple in nature, but the court below in different paragraphs of the impugned order, injury has been recorded.

Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners and accordingly their prayer for bail is rejected. However, if the petitioners surrender before the court below and pray for regular bail, the court below without being prejudiced by this order will take decision in accordance with law, preferably on the same day.

(Shivaji Pandey, J) Mahesh/- U T