Matuk Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17830 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== 1.

Matuk Lal Yadav, son of Baua Lal Yadav Resident of Village - Tulsiyahi, P.S.- Laukahi, District - Madhubani.

2.

Ram Prit Yadav, Son of Matuk Lal Yadav Resident of Village - Tulsiyahi, P.S.- Laukahi, District - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Petitioners apprehend their arrest in connection with Laukahi P.S. Case No.113 of 2018 (G.R. No.938 of 2018) for the offence punishable under Sections 341, 323, 324, 307, 504, 34 and 302 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners along with other accused persons assaulted the informant with lathi and dagger causing injury to the informant, who subsequently died during the course of treatment. Learned counsel for the petitioners submits that there is case and counter case between the parties and for the same

Patna High Court CR. MISC. No.17830 of 2019(3) dt.19-07-2019 2/2 incident, another FIR was lodged by the petitioner No.1 bearing Laukahi P.S. Case No.112 of 2018 in which the informant has been made accused. Learned counsel further submits that the injury caused to petitioner No.1 is near the hand by lathi and the reason behind this incidence pertains to land dispute. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that other accused persons have been granted regular bail, accordingly, I am not inclined to grant anticipatory bail to the petitioner and the same is hereby rejected.

If the petitioners surrender before the Court below and pray for regular bail, the learned Court below shall consider their application for regular bail preferably on the same day in accordance with law, without being prejudiced by the rejection order of this Court.

(Anil Kumar Sinha, J) sanjeev/- U T