Chhedi Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43427 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================
1. Chhedi Yadav son of Nunu Yadav
2. Santosh Yadav son of Deo Narain Yadav Both are resident of VillageDethua, Police Station Ghanshyampur ,District Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. M.Rub(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-11-2015 Heard both sides.
The petitioners apprehend arrest in a case registered for the offences punishable under sections 307 and other allied sections of the Indian Penal Code.
The informant alleged that petitioner Chhedi Yadav assaulted him with iron rod on his head. When his nephew came to save him, the accused persons also assaulted him. It is submitted that other accused persons have already been enlarged on anticipatory bail vide order passed in A.B.P. no. 200 of 2015 by the learned Sessions Judge. There is no specific allegation against petitioner Santosh Yadav, petitioner no. 2.
Considering the fact that there is no specific
Patna High Court Cr.Misc. No.43427 of 2015 (3) dt.10-11-2015 allegation against petitioner no.2 Santosh Yadav, he, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Biraul at Benipur, Darbhanga in connection with Ghanshyampur P.S. Case No. 86 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. So far as the case of petitioner Chhedi Yadav is concerned, he is alleged to have assaulted the informant with iron rod on his head and the doctor has found corresponding injuries on the head, I am not inclined to grant the privilege of anticipatory bail to him in the aforesaid case. His prayer for anticipatory bail is, accordingly, rejected.
(Prabhat Kumar Jha, J) Amin/- U