Sharwan Yadav @ Banti Prasad Vinayak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11845 of 2017 Arising Out of PS.Case No. -13 Year- 2015 Thana -CHANDMUNDI District- JAMUI ======================================================

1. Sharwan Yadav @ Banti Prasad Vinayak son of Late Bhagwat Yadav, Resident of Village - Adhbai Bigha, P.S. Konch, District - Gaya.

2. Umesh Yadav, Son of Ram Kishun Yadav, Resident of Village - Parsama, P.S.- Konch, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 The petitioners are apprehending their arrest in connection with Chandramandih P.S. Case No. 13 of 2015, registered for offences punishable under Sections 392 of Indian Penal Code.

It has been submitted on behalf of the petitioners that they have not been named in the F.I.R, their names transpired in this case only on the basis of confessional statement of co-accused persons and except that there is nothing against the petitioners so as to show their complicity in the present case and they have no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, though there is submission that save and except confessional statement of co-accused, there is

Patna High Court Cr.Misc. No.11845 of 2017 (2) dt.22-03-2017 2/2 nothing against these petitioners but witnesses in several paragraphs of case diary have supported the case of prosecution and also from perusal of the impugned order, it appears that thte investigation is still going on, as such, I am not inclined to grant the petitioners the privilege of anticipatory bail, it is accordingly rejected.

Let petitioners surrender before the court below and pray for regular bail and if any such application is filed, the Court below after considering the submissions that except confessional statement there is nothing against the petitioner and the court below shall also verify with regard to criminal antecedents of this petitioner and thereafter shall pass an appropriate order, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T