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Patna High CourtCR. MISC./84211/2019dismissed

Chandrabhash Mehta v. The State Of Bihar

2020-02-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84211 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.

Chandrabhash Mehta, Male, aged about 40 years, Son of Phulo Mehta 2.

Chhote Lal Mehta, Male, aged about 55 years, Son of Jageshwar Mehta 3.

Gulab Thakur, Male, aged about 45 years, Son of Lakhichand Thakur 4.

Phulo Mehta, Male, aged about 60 years, Son of Jageshwar Mehta 5.

Sonu Kumar, Male, aged about 25 years, Son of Chhotelal Mehta 6.

Raushan Kumar, Male, aged about 30 years, Son of Prayag Yadav 7.

Prayag Yadav, Male, aged about 45 years, Son of Vasudeo Yadav 8.

Amal Kumar Yadav @ Amal Yadav, Male, aged about 50 years, Son of Prit Lal Yadav, all are resident of Village- Hardi Purab, Durga Asthan, Ward No. 1, P.S. and District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Supaul P.S. Case No. 188 of 2019 registered for the offences punishable under Sections 341, 323, 308, 447, 379, 34 of the Indian Penal Code.

The prosecution case, in brief, is that informant

Patna High Court CR. MISC. No.84211 of 2019(2) dt.17-02-2020 2/3 namely Sanjay Kumar recorded lhis fardbeyan on 24.03.2019 at 1.30 o' clock, stating therein that 23.03.2019 at about 5 o' clock in the evening while informant and others were irrigating his field altogether 9 accused persons including the petitioners namely (1) Amal Yadav, (2) Prayag Yadav, (3) Phulo Mehta, (4) Chhote Lal Mehta, (5) Chandra Bhash Mehta, (6) Sonu Kumar,

(7) Raushan Kumar and (8) Gulab Thakur came there having Lathi, Danda and Farsa etc. in their respective hands and started assaulting the informant and others and made them injured in which Guru Deo Kumar, Suman Kumar, Ganesh Yadav, Ashok Yadav, Sanajay Kumar sustained grievous injury. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to land dispute but according to the order of the learned Sessions Judge, it transpired that the injuries are grievous in nature.

In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for grant of anticipatory bail to the petitioners is hereby rejected. However, the petitioners are directed to surrender before the court below the court below is directed to dispose of the case on the same day without being

Patna High Court CR. MISC. No.84211 of 2019(2) dt.17-02-2020 3/3 prejudiced by this order.

(Anjani Kumar Sharan, J) Nasimul/- U T