Satish Yadav @ Bhirekhan Yadav And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.4351 of 2015 (2) dt.03-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4351 of 2015 Arising Out of PS.Case No. -141 Year- 2014 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Satish Yadav @ Bhirekhan Yadav, son of Pairu Yadav

2. Ballam Yadav, son of Pairu Yadav

3. Bipin Yadav, son of Ballam Yadav

4. Ajai Yadav, son of Chandeshwar Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Upendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Asthawan P.S. Case No. 141 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

The contention on behalf of the petitioners is that much prior to institution of the present case petitioner no. 1 lodged Asthawan P.S. Case No. 145 of 2014 against the informant of this case and in retaliation to the aforesaid case the informant lodged this case against the petitioners.

Moreover, except petitioners no. 1 and 4, there is no

Patna High Court Cr.Misc. No.4351 of 2015 (2) dt.03-02-2015 specific allegation of any overt-act against the rest petitioners. From perusal of the impugned order, I find that the informant sustained grievous injury and, therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Asthawan P.S. Case No. 141 of 2014 pending in the court of Chief Judicial Magistrate, Nalanda at Biharsharif stand rejected.

However, if petitioners surrender before the concerned court within four weeks from the date of receipt/production of copy of this order and seek regular bail, the prayer for regular bail of the petitioners shall be considered on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) SHAHZAD/- U T