Dismissed

Binod Sah @ Binod Kumar and Ors. v. The State Of Bihar

Patna HC13 Mar 2019CR. MISC./75610/2018

Case brief

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What is this about?

The court permitted withdrawal of an anticipatory bail petition against petitioner no. 2 as it became infructuous. Anticipatory bail petitions for petitioners 1 and 3 in a murder case were dismissed due to the gravity of the offences and evidence of assault.

What did the court decide?

Permission to withdraw anticipatory bail petition for petitioner no. 2 granted; petitions for petitioners 1 and 3 dismissed.

Binod Sah @ Binod Kumar and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75610 of 2018

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Arising Out of PS. Case No.-158 Year-2018 Thana- CHAPRA TOWN District- Saran

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======================================================

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Binod Sah @ Binod Kumar

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Bhurendra Sah @ Dhurendra Prasad @ Durandra Prasad @ Dhurendra Sah @ Dhurandhar Prasad

¶6

Raghunandan Sah @ Raghunandan Singh @ Raghunandan Prasad All are sons of Late Ramlalan Sah,all Resident of Village-Mauna Masjhid,Katahari Bagh,P.S. Chapra Town,Distt.-Saran

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶11

====================================================== Appearance : For the Petitioner/s : Mr.Jai Kishore Sharma For the Opposite Party/s : Mr.Ganesh Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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3 13-03-2019

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Learned counsel for the petitioners states that the petitioner no. s already been arrested and seeks permission to withdraw the anticipatory bail petition as against him, as the same has become infructuous.

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Permission is accorded. Anticipatory bail petition as against petitioner no. 2 is permitted to be withdrawn and is dismissed as such.

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The petitioner nos. 1 and 3 apprehend their arrest for the offences alleged under Sections 302/34 IPC registered in connection with Chapra Town P.S. Case No. 158/2018.

¶17

It is submitted that the petitioner nos. 1 and 3 have been falsely implicated and thrust of accusation of tying gamcha around the neck and dragging the father of the informant is on co-accused on Manoj Kumar and Birendra Kumar Sah, but the accusation of assault with iron rod upon the deceased is general and omnibus against petitioner nos. 1 and 3 along with other

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Patna High Court CR. MISC. No.75610 of 2018(3) dt.13-03-2019 2/2

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co-accused persons. The petitioner nos. 1 and 3 claim clean antecedents.

¶20

Learned APP opposes the anticipatory bail petition on the basis of para 6 of the case diary, according to which other accused persons including the petitioner nos. 1 and 3 have assaulted the deceased with iron rod.

¶21

Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner nos. 1 and 3. Bail petition stands dismissed.

¶22

(Vikash Jain, J)

¶23

Chandran/-

¶24

U T

Binod Sah @ Binod Kumar and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

Binod Sah @ Binod Kumar and Ors. v. The State Of Bihar

Case brief

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