Patna High CourtCR. MISC./29632/2017partly allowed disposal

Sanjay Yadav And ANR v. The State Of Bihar

2017-10-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29632 of 2017 Arising Out of PS. Case No.-69 Year-2017 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

Sanjay Yadav S/o Late Garib Yadav 2.

Vinod Yadav S/o Bhupen Yadav, Both Resident of VillageRautakham Tola Bathnaha, Sour Bazar, District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. MD. ASHLAM ANSARI ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-10-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Saur Bazar P.S. Case No. 69 of 2017 registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 354, 379, 380, 504 and 506 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the allegations levelled are general and omnibus. As a matter of fact injured persons sustained injury in a road accident. There is case and counter case between the parties. Petitioners have no criminal antecedent.

Learned Addl. P.P. appearing for the State submits that there is specific allegation of assault against petitioner no. 2. Considering the facts and circumstances of the case and the

Patna High Court Cr.Misc. No.29632 of 2017(4) dt.06-10-2017 2/2 submissions advanced on behalf of the parties, let the petitioner no. 1, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 69 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

However, considering the nature of allegations levelled against the petitioner no. 2, I do not find it to be a fit case for grant of privilege of anticipatory bail. His prayer for anticipatory bail is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T