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Patna High CourtCR. MISC./69142/2018dismissed

Shyam Bihari Singh And ANR v. The State Of Bihar

2019-01-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69142 of 2018 Arising Out of PS. Case No.-69 Year-2017 Thana- ROHTAS District- Rohtas ======================================================

1. Shyam Bihari Singh,

2. Amar Bihari Singh, Both Sons of Sri Ashok Singh, Resident of VillageNawadiha Sevak Bigha, P.S. and District- Rohtas. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Randhir Kumar No-1, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302, 201,34 of the Indian Penal Code registered in connection with Rohtas P.S. Case No. 69 of 2017.

3. It is submitted that the petitioners have been falsely implicated and except suspicion there is no material whatsoever to connect the petitioners with the alleged occurrence. Coaccused Ashok Singh, father of the petitioners has been granted bail by this Court in Cr. Misc. No. 54417 of 2018. The petitioners claim clean antecedents.

4. Learned APP opposes the anticipatory bail petition, inviting reference to paragraph-126 of the case diary, according

Patna High Court Cr.Misc. No.69142 of 2018(3) dt.07-01-2019 2/2 to which processes under Sections 82, 83 Cr. P.C. have been issued against the petitioners. It is further pointed out from paragraphs- 43, 44 and 45 of the case diary that the sons and wife of the deceased have also raised suspicion against the petitioners on the basis of past enmity between the parties.

5. Having regard to the nature of accusations and gravity of the offence, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed. The petitioners are directed to surrender before the learned Court below and seeks regular bail. (Vikash Jain, J) Ibrar/BT U U