Jitendra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84872 of 2019 Arising Out of PS. Case No.-139 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Jitendra Baitha Son of Late Bijli Baitha Resident of Village- Basmanpur (Bhawanipur), Motihari, P.S.- Muffasil, District- East Champaran. 2.

Dewan Baitha Son of Late Bijli Baitha Resident of Village- Basmanpur (Bhawanipur), Motihari, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 Petitioner seeks bail in anticipation of their arrest in connection with Muffasil P.S. Case No. 139 of 2019 registered for the offences punishable under Sections 341, 323, 307, 326, 504 and 506/34 of the Indian Penal Code.

As per FIR petitioners are said to have caught hold of the informant and other co-accused assaulted him by Gadasi. Submission of learned counsel for the petitioners is that there is no allegation of assault against the petitioners and as a matter of fact scuffle took place between the children of the parties and for that occurrence took place and there was no intention to kill any one and there is delay in lodging the FIR. Heard learned APP, who has opposed the prayer for

Patna High Court CR. MISC. No.84872 of 2019(3) dt.10-01-2020 2/2 anticipatory bail stating that injury on the person of informant is said to be grievous in nature.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. If they surrender and pray for regular bail, the same shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day. This application is, accordingly, dismissed.

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