Patna High CourtCR. MISC./21153/2024dismissed

Ravi Yadav @ Ravi Prakash Kumar v. The State Of Bihar

2024-04-04Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21153 of 2024 Arising Out of PS. Case No.-133 Year-2023 Thana- SIGAUDI District- Patna ====================================================== 1.

RAVI YADAV @ RAVI PRAKASH KUMAR SON OF LATE RAJDEO SINGH RESIDENT OF VILLAGE - BAHADURGANJ, P.S. - SIGORI, DISTRICT - PATNA 2.

RAKESH YADAV @ RAKESH KUMAR @ RAKESH KUMAR YADAV SON OF KAMESHWAR SINGH RESIDENT OF VILLAGE - BAHADURGANJ, P.S. - SIGORI, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Sigori P.S. Case NO. 133/2023 registered under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act lodged on 13.08.2023 by the informant,Lalbabu Yadav.

3. As per the prosecution story, allegation against the petitioners is that all the accused persons assaulting the informant's side. Accordingly, the FIR.

4. Learned counsel for the petitioners submit that there is omnibus allegation against all the accused persons and

Patna High Court CR. MISC. No.21153 of 2024(2) dt.04-04-2024 2/2 further some of the similar placed accused have been granted bail.

5. Learned APP for the State, on the other hand submits that this case can be differentiated inasmuch as three criminal antecedent which include two cases of section 302 of the Indian Penal Code against the petitioner no. 1 while one case of section 302 of the Indian Penal is/are attributed to petitioner no. 2.

6. Considering the fact that the petitioners have criminal antecedent, their case cannot be equated with the relief granted to the petitioners of Cr. Misc. No. 129 of 2024. The anticipatory bail application stands rejected.

7. However, if the petitioners surrender within a period of four weeks from today before the Court below, the concerned Court shall take appropriate steps and pass an order preferably on the same day.

(Rajiv Roy, J) Jagdish/- U