Vishu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1335 of 2020 Arising Out of PS. Case No.-36 Year-2019 Thana- SIMULTALLA District- Jamui ====================================================== 1.

Vishu Yadav Son of Late Puran Yadav 2.

Raju Yadav Son of Late Puran Yadav 3.

Waso Yadav Son of Late Puran Yadav 4.

Suresh Yadav Son of Waso Yadav All Resident of Village - Gauribahiyan, P.S.- Simuitala, District- Jamui 5.

Parmod Mahto @ Pramod Kumar @ Gorelal Mahto @ Gorelal Mandal Son of Thakur Mahto 6.

Bhairo Mahto Son of Late Faudi Mahto 7.

Thakur Mahto Son of Late Faudi Mahto 8.

Umesh Mahto @ Umesh Kushwaha Son of Late Faudi Mahto 9.

Santosh Mahto Son of Late Faudi Mahto 10.

Vinod Mahto Son of Thakur Mahto 11.

Pradeep Mahto @ Pradeep Kumar Son of Bhairo Mahto 12.

Vikram Mahto @ Vikram Kumar Son of Bhairo Mahto 13.

Uchit Mahto @ Uchit Kumar Son of Santosh Mahto 14.

Tripurari Mahto @ Tripurari Kumar Son of Umesh Mahto All Resident of Village - Gadi Telwa, P.S.- Simutalla, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Simultalla P.S. Case No. 36/2019 registered for the offences punishable under Sections 147,148, 149,341, 377, 307, 379, 504 and 506/34 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.1335 of 2020(2) dt.25-02-2020 2/2 Petitioners are named in the first information report with specific allegation that they participated in assaulting the informant and others. The impugned order goes to show that altogether six persons sustained injuries and some of the injured received grievous injuries. However, it is informed that there is counter case and the some persons of the side of the petitioners also sustained grievous injuries.

Regard being had to the above stated facts as well as submissions of the parties, I am not inclined to grant privilege of anticipatory bail to the petitioners and, accordingly, their prayer for anticipatory bail stands rejected.

However, petitioners are directed to surrender before the court below within six weeks from today and if they do so and seek regular bail, the concerned court shall consider the regular bail petition of the petitioners on its own merit without being prejudiced by this order, particularly, keeping in mind that a counter case has been lodged against the prosecution party and some persons of the side of the petitioners had also sustained injuries in the alleged occurrence. (Hemant Kumar Srivastava, J) Spd/- U T