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Patna High CourtCR. MISC./80595/2019dismissed

Amit Sahni @ Amit Kumar Sahani v. The State Of Bihar

2019-12-12Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80595 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- BISHUNPUR District- Darbhanga ====================================================== 1.

AMIT SAHNI @ AMIT KUMAR SAHANI Son of Hira Sahni @ Hira Sahani Resident of Village - Phulwariya, P.S.- Bishanpur, Distt.- Darbhanga. 2.

Sanjiv @ Pappu @ Sanjiv Sahni @ Sanjeev Kumar Sahani Son of Hira Sahni @ Hira Sahani Resident of Village - Phulwariya, P.S.- Bishanpur, Distt.- Darbhanga.

3.

Raja Sahni @ Raja Kumar Sahani Son of Shobhit Sahni @ Shobhit Sahani Resident of Village - Phulwariya, P.S.- Bishanpur, Distt.- Darbhanga. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Bishanpur P.S. Case No. 36 of 2019 corresponding to C.R.I. No. 676 of 2019 registered under Sections 147, 148, 149, 323, 324, 307, 341, 504, 506 of the Indian Penal Code, pending in the court of learned A.C.J.M. - VII, Darbhanga.

Having heard learned counsel for the petitioners and learned A.P.P. for the State, finding that there are specific allegation of assault against these petitioners and

Patna High Court CR. MISC. No.80595 of 2019(2) dt.12-12-2019 2/3 those are corroborated from the injury report available on the record, this court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is refused.

In case, the petitioners surrender and pray for regular bail in the court below within a period of four weeks from today, their prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this court.

Learned counsel for the petitioners has submitted before this court that the three co-accused have been granted privilege of anticipatory bail by learned coordinate Bench of this court. This court has given complete consideration to the submission of learned counsel for the petitioners and has found that the co-accused have been granted benefit of anticipatory bail perhaps in a different fact situation where the injury reports were not corroborating the allegations made against them whereas the injury reports of the victim of these petitioners are corroborating the version of the informant, moreover there

Patna High Court CR. MISC. No.80595 of 2019(2) dt.12-12-2019 3/3 are criminal antecedents which facts were also not brought to the notice of the learned coordinate Bench. This court, therefore, does not find any reason to grant anticipatory bail to these petitioners in the present fact situation.

(Rajeev Ranjan Prasad, J) Rajeev/- U T