IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26934 of 2010
1.
CHHOTE SINGH @ DILIP SINGH, Son of Late Suresh Singh, Resident of Village Amat, P.S.
Karai Parsurai, District Nalanda. At present Dakbunglow Road, Harnaut, P.S. Harnaut, District
Nalanda.
2. INDRA DEVI, Wife of Devendra Singh
3. DEVENDRA SINGH, Son of Ramdil Singh
Both Resident of Village Kalyan Bigha, P.S. Harnaut, District Nalanda
4. SUKMANTI DEVI, Wife of Sanjay Kumar, Resident of Chainpur, P.S. Chandi (Wena), District
Nalanda
5. RUPAM KUMARI, Daughter of Anuj Singh, Resident of Village Barah, P.S. Harnaut, District
Nalanda
6. AJAY SINGH, Son of Devendra Singh, Resident of Village Kalyan Bigha, P.S. Harnaut,
District Nalanda
7. BIBHA DEVI, Wife of Vinjay Singh, Resident of Kalyan Bigha, P.S. Harnaut, District
Nalanda.
……….Petitioners
Versus
THE STATE OF BIHAR
…….Opposite Party
02/- 22.09.2010 Heard learned counsel for the seven petitioners and
Additional Public Prosecutor for the State.
Learned counsel for the petitioners seeks permission to
make necessary correction in para 8 of this petition. Permission is
granted.
Only petitioner no. 1 and 6 are named accused in this
case, but during investigation names of remaining petitioners
emerged. As submitted all the petitioners were enjoying privilege
of bail granted by police, who also did not submit charge-sheet for
the offence under Section 307 of the Indian Penal Code, but only
because cognizance has been taken for a graver offence. The
privilege already granted to the petitioners cannot be snatched
unless there is any material to show that they have misuse the
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privilege. This is the consistent view of this Court taken in several
decisions viz. in a case of Mahendra Prasad Singh Vs. The State of
Bihar reported in 2004 (3) PLJR 491.
In view of the above, the prayer for anticipatory bail is
not maintainable, accordingly disposed of.
Petitioners are directed to appear before the court
below, who shall consider their prayer for regular bail in the light
of the observations made above and the decisions of this Court.
( Akhilesh Chandra, J.)
Praveen/-