Patna High CourtCR. MISC./29867/2017dismissed

Nageshwar Yadav And ORS v. The State Of Bihar

2017-07-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29867 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -PURAINI District- MADHEPURA ======================================================

1. Nageshwar Yadav, Son of Late Sahdeo Yadav.

2. Mukesh Yadav, Son of Nageshwar Yadav.

3. Pintu Yadav, Son of Nageshwar Yadav, All Residents of Village- Dumrail, Police Station- Puraini, DistrictMadhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Puraini P.S. Case No. 97 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 504, 506, 379 and 307 of the Indian Penal Code.

There is specific allegation against Mukesh Yadav (petitioner No. 2) of assaulting the informant twice on his head by lathi causing bleeding injury. Pintu Yadav (petitioner No. 3) assaulted the elder brother of the informant Sonelal Yadav on his head by rod causing bleeding injury. Nageshwar Yadav (petitioner No. 1) assaulted the elder brother of the informant Vikash Yadav

Patna High Court Cr.Misc. No.29867 of 2017 (2) dt.12-07-2017 2/2 with Dhabiya on his head which hit below his eye causing bleeding injury and, thereafter, Mukesh Yadav after snatching Dhabiya from his father, assaulted the father of the informant Subodh Yadav on his head causing bleeding injury. It has been submitted on behalf of the petitioners that there is case and counter case between the parties. There is specific allegation against all the petitioners of assaulting the informant and others.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners stands rejected.

Petitioners may surrender before the court below and make prayer for regular bail which shall be considered by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T