Umesh Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75430 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Umesh Sada Son of Ishwar Sada 2.

Sharwan Sada @ Sharwan Kumar Son of Umesh Sada Both residents of Village - Harsaeen, P.S.- Manjhaul, Distt - Begusarai. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shree Niwas Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-11-2019 Heard both sides.

The petitioners apprehend their arrest in connection with Cheriya Bariyarpur P.S. Case No.128 of 2019 registered for the offence under Section 341, 323, 325, 307, 504/34 of the Indian Penal Code.

The informant alleged that while the informant was sitting in front of a temple, accused Umesh Sada (petitioner no.1), Dharmvir Sada, Sharwan Sada ( petitioner no.2), Shankar Sada and two unknown persons came there and put him down in the middle of the road and , thereafter, they assaulted with slaps and bricks. The police came there and saved him and, thereafter, the informant was brought to Bakhri private clinic. Learned counsel for the petitioners submits that it

Patna High Court CR. MISC. No.75430 of 2019(2) dt.26-11-2019 2/2 appears from the First Information Report that somebody put signature on the F.I.R. and F.I.R. was lodged after ten days of the occurrence.

It appears from the F.I.R. and the order of the learned Addl. District and Sessions Judge, who rejected the prayer for anticipatory bail of the petitioners after perusing the case diary, that almost all the witnesses have supported that the petitioners and other accused persons have brutally assaulted the informant causing fracture injury and the informant was operated by a dental doctor.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected. (Prabhat Kumar Jha, J.) nawalkrs/- U T