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Patna High CourtCR. MISC./7626/2015rejected

Rambachan Yadav And ORS v. The State Of Bihar

2015-08-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7626 of 2015 Arising Out of PS.Case No. -264 Year- 2011 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Rambachan Yadav, Son of Tapeshwar Yadav

2. Sikandar Yadav, son of Shuivpujan Yadav

3. Dhanraj Yadav, Son of Sundar Yadav

4. Rajendra Yadav, Son of Lakhraj Yadav

5. Kameshwar Yadav Son of Shivpujan Yadav All are resident of Village-Babhangama, P.S- Shivnarayanpur (Kahalgaon) District- Bhagalpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 12-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 264 of 2011 registered under Sections 147, 148, 149, 341, 323, 342, 307 and 379 of the Indian Penal Code.

According to the FIR, these petitioners and 150 unknown indiscriminately resorted to firing upon labourers engaged in construction of a village road as a result of which

Patna High Court Cr.Misc. No.7626 of 2015 (3) dt.12-08-2015 2 / 2 several persons sustained splinter injuries.

Learned counsel for the petitioners submits that due to ongoing dispute from before between the two factions of the villagers, the petitioners have falsely been implicated in the present case.

Learned APP for the State has opposed the prayer for bail.

Regard being had to the nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for anticipatory bail is rejected. They may surrender and seek bail, which shall be considered on its own merit without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J.) Sanjeet/- U T