Patna High CourtCR. MISC./85570/2019dismissed

Dharmdev Kumar v. The State Of Bihar

2020-06-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85570 of 2019 Arising Out of PS. Case No.-305 Year-2019 Thana- TEKARI District- Gaya ====================================================== 1.

Dharmdev Kumar, S/o Mithlesh Kewat @ Mitlesh Nishad Resident of Village- Chakmath, P.S.- Tekari, Distt- Gaya. 2.

Arbind Kumar @ Arvind Kumar S/o Mithlesh Kewat @ Mitlesh Nishad Resident of Village- Chakmath, P.S.- Tekari, Distt- Gaya. 3.

Mithlesh Kewat @ Mitlesh Nishad S/o Late Kameshwar Kewat Resident of Village- Chakmath, P.S.- Tekari, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. M.P. Bharti, Advocate Ms. Lilawati Singh, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-06-2020 Heard Mr. M.P. Bharti, learned counsel for the petitioners and Mr. Atul Chandra, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Tekari P.S. Case No. 305 of 2019 dated 28.08.2019 instituted for the offences under Sections 147, 148, 323, 325, 307, 342, 504 and 506 of the Indian Penal Code.

It is alleged by the informant that the petitioners surrounded the victim and on the orders of petitioner no. 1, an assault was perpetrated leading to many injuries on the victims. The injury on the person of

Patna High Court CR. MISC. No.85570 of 2019(4) dt.15-06-2020 2/2 one of the victims is stated to be grievous in nature. The argument of there being an old enmity which is the reason for falsely implicating the petitioners does not weigh with this Court for the present for grant of anticipatory bail.

Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioners surrender before the court below and seek bail, it shall be considered without being prejudiced by the fact that, the present petition has not been entertained.

(Ashutosh Kumar, J) krishna/- U T