Saligram Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40826 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -CHAKAI District- JAMUI ======================================================

1. Saligram Singh, S/o Anandi Singh,

2. Suresh Singh S/o Anandi Singh, All are R/o Vill.- Gosaindih Chakai, P.S.- Chakai, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioners, the informant as well as the State.

The petitioners apprehend their arrest in Chakai P.S. Case No. 34/2018, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 379 of the Indian Penal Code.

It has been submitted on behalf of the informant that two other cases are also pending against these petitioners. Petitioner No. 1 is accused in Chakai P.S. Case No. 59/2017 registered for the offences under Sections 341, 313, 504, 379 and 34 of the Indian Penal Code and Petitioner No. 2 is accused in Chakai P.S. Case No. 68/2009 registered for the offences under Sections 376 and 511 of the Indian Penal Code. The counter

Patna High Court Cr.Misc. No.40826 of 2018 (5) dt.07-08-2018 2/2 affidavit has been filed by informant in support of such statement. Reply to the counter affidavit has been filed wherein it has been admitted that these cases are pending against the petitioners. The petitioners have not mentioned any valid reason in reply to counter affidavit for not mentioning the pendency of aforesaid case earlier in para 3 of bail petition. This Court finds that this is suppression of material facts. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners. The prayer for anticipatory bail is accordingly rejected.

The petitioners are directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order. The court below shall dispose of the bail petition of the petitioners, if possible, on the same day.

(Sanjay Priya, J.) Rakhi U T