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Patna High CourtCR. MISC./79311/2018dismissed

Sadhansu Sekhar Singh @ Sudhansu Sekhar @ Bacha Babu And ANR v. The State Of Bihar

2019-01-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79311 of 2018 Arising Out of PS. Case No.-152 Year-2017 Thana- KHAJAULI District- Madhubani ======================================================

1. Sadhansu Sekhar Singh @ Sudhansu Sekhar @ Bacha Babu Son of Late Parikshan Singh

2. Subhendu Sekhar Singh @ Subhendra Singh @ Subhendu Singh @ Subhendra Sekhar Singh Son of Late Parikshan Singh Both Resident of Village-Tarapatti, P.S.- Khajauli, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr. Shailendra Kumar -1 For the Informant :

Mr. Sanjeev Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Khajauli P. S. Case No. 152 of 2017 dated 01.12.2017 instituted for the offences under Sections 341, 323, 354(B), 379, 504 and 34 of the Indian Penal Code.

This Court has been informed that the petitioners were given police bail during the course of investigation. In that event, I am not inclined to exercise my jurisdiction under Section 438 Cr.P.C.

However, if the petitioners surrender before the court below, the court below shall look into whether the

Patna High Court Cr.Misc. No.79311 of 2018(2) dt.29-01-2019 2/2 petitioners have misused the privilege of police bail and thereafter shall pass orders in accordance with law without being prejudiced with the dismissal of this petition. With the aforesaid observation / direction, this petition is dismissed.

(Ashutosh Kumar, J) skm/- U