Patna High CourtCR. MISC./77640/2018dismissed

Dhananjay Shahi And ANR v. The State Of Bihar

2019-01-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77640 of 2018 Arising Out of PS. Case No.-218 Year-2014 Thana- MINAPUR District- Muzaffarpur ======================================================

1. Dhananjay Shahi, S/o Shyam Nandan Shahi,

2. Karmbir Shahi S/o Ram Nandan Shahi, Both are Resident of Vill. Harka Kalyan, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ranjana Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-01-2019 Petitioners apprehend their arrest in connection with Minapur P.S.Case No. 218 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 379 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioners is that they came at the drawaja of the informant and caught him and pointed country made pistol and dagger at him and there is allegation of firing and assault against the petitioners. Earlier prayer for anticipatory bail of the petitioners was rejected by the then coordinate Bench of this Court vide order dated 3.4.2015 in Cr.Misc.No. 38814 of 2014.

Submission of learned counsel for the petitioners is that after investigation police has found the case not true and as

Patna High Court Cr.Misc. No.77640 of 2018(2) dt.02-01-2019 2/2 such petitioners have filed the present application for grant of anticipatory bail.

Heard learned APP also.

Having heard both sides and in view of the fact that earlier prayer for anticipatory bail of the petitioners was rejected on merit, I am not inclined to grant anticipatory bail to the petitioners.

However, if petitioners surrender within a period of six weeks from the receipt of this order and pray for regular bail, the same shall be considered on its own merit. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T