Basant Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6845 of 2018 Arising Out of PS.Case No. -199 Year- 2017 Thana -PIPRA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Basant Singh

2. Deo Prakash Singh, Both Sons of Sri Narayan Singh, resident of Village- Chintamanpur Babu Tola, P.S.- Pipra, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Ms. Rashmi Jha, Advocate. For the Opposite Party/s : Mr. (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-02-2018 Heard learned counsel for petitioners and learned counsel representing the State.

Petitioners are seeking anticipatory bail in Pipra P.S. Case No. 199/2017 for the offences registered under Sections 147, 149, 188, 323, 353, 283, 504 of the Indian Penal Code. It appears from the impugned order that these petitioners have got criminal antecedents and, therefore, their cases were distinguished from the case of the petitioners in Cr. Misc. no. 61884/2017 while refusing to grant anticipatory bail to the these petitioners.

Learned counsel for the petitioners though initially pointed out from Paragraph 3 that these petitioners have no

Patna High Court Cr.Misc. No.6845 of 2018 (2) dt.17-02-2018 2/2 criminal antecedents but from the facts noticed in the order passed by learned Additional Sessions Judge II in the impugned order it is clear that these petitioners have got criminal antecedents and, therefore, their case has rightly been distinguished. Since it is not the case of the petitioners that the learned Additional Sessions Judge II has committed any error in this regard, I am not inclined to extend the privilege of anticipatory bail to the present petitioners. The application is dismissed.

If the petitioners surrender in the court below and pray for regular bail within a period of four weeks from today, the court below shall consider the same on its own merit without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) Dilip, AR U T