Biththal Rajbanshi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69273 of 2018 Arising Out of PS. Case No.-157 Year-2017 Thana- NARDIGANJ District- Nawada ==========================================

1. Biththal Rajbanshi son of Sidheshwar Rajbanshi.

2. Saroj Rajbanshi son of Late Baiju Rajbanshi.

3. Pankaj Rajbanshi son of Mohan Rajbanshi. null

4. Akhilesh Rajbanshi @ Akhilesh Kumar, son of Shiv Balak Rajbanshi. null

5. Takinan Rajbanshi son of Late Nanhu Rajbanshi. All R/o Village- Fajilpur, P.S. Nardiganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gauri Shankar Prasad For the Opposite Party/s :

Mr. Binay Krishna ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 The petitioners seek bail in anticipation of their arrest in connection with Nardiganj P.S. Case No. 157 of 2017 dated 07.10.2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 354(B), 435, 452, 380, 504, 506 of the Indian Penal Code and Section 3(1)(g) of the SC & ST (Prevention of Atrocities) Act and Section 27 of the Arms Act.

The petitioners are alleged to have assaulted the

Patna High Court Cr.Misc. No.69273 of 2018(3) dt.19-12-2018 2/3 brother and the cousin of the informant, divested them of their belongings and also caused damage by burning poultry causing severe damages.

The learned counsel for the petitioners has submitted that the present case is counter blast of Nadriganj P.S. Case No. 156 of 2017 which has been lodged against the informant of the present case. The petitioners and the informant belong to the same locality and because of a minor dispute, all the persons of one side have been made accused in this case. Some of the other accused persons similarly situated have been granted bail by the Court below.

The prayer for anticipatory bail is rejected,. However, if the petitioners surrender before the Court below within a period of four weeks from today and seek regular bail, the Court below shall take into account that there is no specific accusation against the petitioners and that similarly situated co-accused persons have already been granted bail by the Court below and shall pass orders in accordance with law without being

Patna High Court Cr.Misc. No.69273 of 2018(3) dt.19-12-2018 3/3 prejudiced by the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) Shageer/- U T