Kailash Bhagat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66249 of 2018 Arising Out of PS. Case No.-101 Year-2016 Thana- SIMRI District- Darbhanga ======================================================

1. Kailash Bhagat,

2. Mahadev Bhagat alias M.S. Raj, Both sons of Ram Balli Bhagat, Residents of Village - Banuli, P.S. Simri, and District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 307, 354, 379 and 385/34 of the Indian Penal Code. This Court had earlier refused prayer for anticipatory bail to the petitioners on 09.02.2017 in Cr. Misc. No. 53085 of 2016 by a reasoned order. The subsequent development that the police did not submit charge sheet for offence under Section 307 of the Indian Penal Code or the court below did not take cognizance under Section 307 of the Indian Penal Code cannot be a ground to review the aforesaid order. Hence, prayer of the petitioners for anticipatory

Patna High Court Cr.Misc. No.66249 of 2018(2) dt.12-12-2018 2/2 bail is again refused in connection with Simri Police Station Case No. 101 of 2016 pending in the court of learned 8th Additional Chief Judicial Magistrate, Darbhanga. In the event of surrender of the petitioners, prayer for regular bail shall be disposed of expeditiously. (Birendra Kumar, J) Kundan/- U T