Ram Bilash Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5916 of 2018 Arising Out of PS. Case No.-492 Year-2017 Thana- GHORASAHAN District- East Champaran ======================================================
1. Ram Bilash Sah, S/o Late Rudal Sah,
2. Vijay Sah S/o Sri Rambilash Sah, Both R/o village- Kaswa kadmwa, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :
Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Ghorasahan P.S. case No.492 of 2017, registered for the offence punishable under Sections 302/34 of the Indian Penal Code, pending in the court of S.D.J.M., Sikrahana at Dhaka, East Champaran.
Allegation has been made that the accused persons including the petitioners have surrounded the brother of the informant with different weapons and at last on the direction of Madan Sah, Ram Bilas Sah and Paspat Sah, co-accused Parmanand Sah and Awadhesh Sah have caused fire arm injury on the brother of the informant, due to which he succumbed to
Patna High Court Cr.Misc. No.5916 of 2018(2) dt.02-02-2018 2/2 the injury.
Counsel for the petitioners submits that the matter relates to land dispute and they have succeeded up to the Supreme Court, but illegally they have transferred the land to third party. It is further submitted that the death of the deceased has occasioned on account of fire arm injury but no allegation has been made against the petitioners to have fired. The statement made in the F.I.R. itself indicates that the petitioners also joined in assaulting the victim, on that account victim had fallen down.
Looking to the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail is rejected. (Shivaji Pandey, J) Narendra/- U T