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Patna High CourtCR. MISC./16281/2019dismissed

Bhairo Yadav v. The State Of Bihar

2019-03-25Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16281 of 2019 Arising Out of PS. Case No.-303 Year-2009 Thana- KHAIRA District- Jamui * ====================================================== 1.

BHAIRO YADAV Son of Late Rameshwar Yadav Resident of VillageBazrahi, P.S.- Khaira, District- Jamui. 2.

Gango Yadav @ Ganga Ram Son of Late Yadu Yadav Resident of VillageBazrahi, P.S.- Khaira, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 326,307, 376/34 of the Indian Penal Code, registered in connection with Khaira P.S. Case No. 303/2009.

3. At the very outset, learned APP submits that the FIR has been instituted as far back as in the year 2009, but the petitioners have approached this Court in the year 2019 and there does not appear to be any immediate apprehension of arrest of the petitioners.

4. Considering that the petitioners have not shown any immediate apprehension of arrest and the anticipatory bail

Patna High Court CR. MISC. No.16281 of 2019(2) dt.25-03-2019 2/2 petition has been filed about 10 years after institution of the FIR this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. Bail petition stands dismissed.

5. If the petitioners surrender and seek regular bail before the learned Court below the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. (Vikash Jain, J) Chandran/- U T