Om Prakash Singh Yadav @ Om Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24212 of 2019 Arising Out of PS. Case No.-670 Year-2018 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.
Om Prakash Singh Yadav @ Om Prakash Yadav, aged about 32 years (Male), Son of Ram Narayan Yadav.
2.
Ram Singasan Yadav, aged about 35 years (Male), Son of Ram Narayan Yadav.
Both resident of Village- Lurpurwan, P.S.- Mohania, DistrictKaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh, Adv.
For the Informant :
Mr. Pradhan Murli Manohar Pd., Adv.
For the State :
Mr. Binod Kumar No.3, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Mohania P.S. Case No. 670 of 2018 registered for offences under sections 147, 148, 149, 341, 324, 307, 506, 354(A) of the Indian Penal Code.
In the present case, an allegation has been made against the petitioners that they have brutally assaulted the family members of the Informant. Two persons from the Informant side received grievous injury on their body. They have also threatened them to leave the village, otherwise they will face serious consequence.
Patna High Court CR. MISC. No.24212 of 2019(2) dt.18-04-2019 2/3 In paragraph no.3 of the bail petition, it has been stated that there is no criminal antecedent against both the petitioners which is completely a wrong statement as it appears that both the petitioners have been made accused in Mohania P.S. Case No. 225 of 2017 for offence under Sections 419, 420, 467, 468, 471, 472, 341, 323, 354-A(2) and 34 of the Indian Penal Code, inasmuch as, they moved earlier before this Court for anticipatory bail in Cr. Misc. No. 41379 of 2017 which has been rejected by this Court, they did not surrender before the court below and boldly made statement about his past history, tried to obtain an order of bail by making suppression of fact.
Looking to the aforesaid fact and circumstances, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.
Accordingly, this application for anticipatory bail is dismissed with a cost of Rs. 50,000/- to be deposited in favour of Patna High Court Legal Services Committee by Jwala Yadav, who has sworn the affidavit in the present case. This Court also directs the Registrar General, Patna High Court to institute a criminal case before the competent court against Jwala Yadav who has sworn the affidavit in the present case for making a false statement and trying to obtain an
Patna High Court CR. MISC. No.24212 of 2019(2) dt.18-04-2019 3/3 order on suppression of fact.
This Court directs the Senior Superintendent of Police, Kaimur at Bhabua to take the petitioners into custody. (Shivaji Pandey, J) rishi/- U T