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Patna High CourtCR. MISC./24922/2023disposed

Radhey Yadav v. The State Of Bihar

2023-07-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24922 of 2023 Arising Out of PS. Case No.-505 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

Radhey Yadav Son Of Kapil Yadav Resident Of Village - Kako Bigha, P.S. - Deepnagar, Distt. - Nalanda 2.

Kundan Yadav @ Kundan Kumar Son Of Radhey Yadav Resident Of Village - Kako Bigha, P.S. - Deepnagar, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners are apprehending their arrest in connection with Deep-Nagar P.S. Case No. 505 of 2022 registered for the offence punishable under Sections 147, 149, 341, 323, 342, 307, 379, 504, and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that similarly situated co-accused Dharmendra Yadav and Mahendra Yadav have been allowed regular bail in Cr. Misc. No. 19383 of 2023. Relying on the order passed in their bail application, he would be availing the remedy of regular bail upon surrender in the court below.

Patna High Court CR. MISC. No.24922 of 2023(2) dt.07-07-2023 2/2 If the same is done, the learned court below shall consider the petitioners' regular bail application without being prejudiced by rejection of instant anticipatory bail application and upon its merits considering the petitioner's claim based on parity, expeditiously.

The petitioners' prayer for anticipatory bail is accordingly rejected.

(Madhuresh Prasad, J) SUMIT/- U T