Ram Chandra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15592 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -BANGAON District- SAHARSA ======================================================

1. Ram Chandra Yadav S/o Late Kishun Prasad Yadav

2. Bamfer Yadav @ Pankaj Yadav @ Bamphar Yadav S/o Late Kishun Prasad Yadav Both are Resident of Village- Gadhia, P.S.- Bangaon, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2017 Heard both sides.

The petitioners apprehend their arrest in Bangaon P.S. Case No. 55/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The petitioner no. 1 Ram Chandra Yadav is alleged to have assaulted the informant Mithilesh Sah (informant) with lathi and petitioner no. 2 Bamphar Yadav is alleged to have assaulted Pappu Sah. Pappu Sah and Mithilesh Sah got grievous injuries on account of fracture of fore-arm.

Learned counsel for the petitioners submits that there is counter version from the side of the petitioners. Many persons from the side of the petitioners got grievous injury. One of the co-

Patna High Court Cr.Misc. No.15592 of 2017 (3) dt.03-07-2017 2/2 accused namely, Bishnudeo Yadav has already been granted regular bail.

On the other hand, learned counsel for the informant as well as learned A.P.P. opposed the prayer for anticipatory bail of the petitioners.

It appears that Ram Chandra Yadav petitioner no. 1 is said to have assaulted Mithilesh Sah (informant) who got as many as four injuries and the injuries are grievous in nature on account of fracture of bone. Similarly, Bamphar Yadav petitioner no. 2 assaulted Pappu Sah who also got grievous injury on account of fracture of ring finger.

Considering the facts aforesaid and the fact that both the injured got grievous injuries on their persons, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioners on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T