Mithilesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74539 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Mithilesh Rai Son of Satto Rai 2.

Sanjay Rai Son of Dharmdeo Rai Both Resident of Village - Sasaula, P.S.- Pupari, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-01-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in connection with Pupari P.S. Case No.5 of 2019, registered for the offences punishable under Sections 341/323/324/ 307 /379 / 504/506/34 of the Indian Penal Code.

The petitioners allegedly caused injury at the head of the respective injured with farsa.

Submission is that there is no allegation of repetition of blow. The doctor has found simple injury on the person of the injured. Co-accused Kamlesh Rai, Uday Rai and Satrudhan Rai have already been allowed bail by a coordinate Bench of this Court vide Annexure-3.

Patna High Court CR. MISC. No.74539 of 2019(2) dt.22-01-2020 2/2 Since the petitioners had knowledge that their act might cause death, I am not inclined to grant anticipatory bail to the petitioners. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioners, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T