← Library
Patna High CourtCR. MISC./25813/2015disposed

Naresh Yadav v. The State Of Bihar

2015-07-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25813 of 2015 Arising Out of PS.Case No. -43 Year- 2013 Thana -CHANDRADEEP District- JAMUI ======================================================

1. Naresh Yadav S/o Late Bodhal Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad, Advocate For the Opposite Party/s : Mr. A.K.Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307 of the Indian Penal Code and 27 of the Arms Act. It is alleged that the accused persons including the petitioner made indiscriminate firing on the informant but the informant did not receive any injury when one Kamli Devi made protest for indiscriminate firing then all the accused persons assaulted her by 'lathi' and 'danda'. It is submitted by learned counsel for the petitioner that the accusation of assault is omnibus and general and Kamli Devi received only one injury. Similarly situated accused persons have been granted bail by a co-ordinate bench of this

Patna High Court Cr.Misc. No.25813 of 2015 (2) dt.17-07-2015 2/2 court vide Criminal Miscellaneous No.11819 of 2014. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, preferably on the same day, if the petitioner surrenders within a period of six weeks in connection with Chandradip P.S. Case No.43 of 2013 pending before the learned Judicial Magistrate, 1st Class, Jamui keeping in view of the fact that similarly situated persons have been granted anticipatory bail.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T