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Patna High CourtCR. MISC./83867/2019dismissed

Fekan Rai v. The State Of Bihar

2019-12-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83867 of 2019 Arising Out of PS. Case No.-212 Year-2019 Thana- BELA District- Sitamarhi ====================================================== 1.

FEKAN RAI Son of late Bhola Rai Resident of Village - Kunaiya, P.S.- Bela , Distt.- Sitamarhi.

2.

Ram Pravesh Rai Son of late Yogi Rai Resident of Village - Kunaiya, P.S.- Bela , Distt.- Sitamarhi.

3.

Gonu Rai Son of Rash Narayan @ Ras Narayan Rai Resident of Village - Kunaiya, P.S.- Bela , Distt.- Sitamarhi.

4.

Mohan Rai Son of Rashnarayan @ Ras Narayan Rai Resident of Village - Kunaiya, P.S.- Bela , Distt.- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2019 This application, for grant of anticipatory bail, arises out of Bela P.S. Case No. 212/2019, disclosing offences under Sections 341, 342, 328/34 of the Indian Penal Code. Allegation against the petitioners is of poisoning the informant and also of assault to him and his sons. Submission of learned counsel for the petitioners is that the report does not disclose about the nature of poison, which will appear from the impugned order itself and petitioners have falsely been made accused in this case.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.83867 of 2019(2) dt.18-12-2019 2/2 Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners have to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T