Mishri Ram And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.16340 of 2018 (3) dt.21-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16340 of 2018 Arising Out of PS.Case No. -50 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Mishri Ram,

2. Laxman Ram, Both sons of Mahendra Ram, R/o Village- Esiya, P.S.- Chainpur, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr. Smt. Anita Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-05-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the State.

The petitioners apprehend arrest in Chainpur P.S. Case No. 50 of 2017, G.R. No. 611 of 2017 instituted for the offence under Sections-302/34 of the Indian Penal Code and section 27 Arms Act. Case diary has been received.

Learned APP has submitted that in the instant case, process under Section 83 Cr.P.C. has already been issued. Learned counsel for the informant submitted that the processes issued under Sections 82 & 83 Cr.P.C. have already been executed against the petitioners.

In such circumstances, in view of the decision of Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Pradeep Sharma reported in 2014 (2) SCC 171, this Court is not

Patna High Court Cr.Misc. No.16340 of 2018 (3) dt.21-05-2018 inclined to grant anticipatory bail to the petitioners. Hence, their such prayer stands rejected.

The petitioners may surrender in the court below and pray for regular bail which shall be considered by the court below in accordance with on its own merit without being prejudiced by this order.

(Sanjay Priya, J) sushma/- U T