Patna High CourtCR. MISC./24254/2017rejected

Sikendra Yadav @ Sikander Yadav And ORS v. The State Of Bihar

2017-07-05Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24254 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Sikendra Yadav @ Sikander Yadav, Son of Maheshwari Yadav,

2. Chandan Yadav, Son of Sikendra Yadav@Sikander Yadav,

3. Nandan Yadav, Son of Sikendra Yadav @ Sikandar Yadav, All are Resident of Village- Jiwachhpur, P.S.- Gamharia, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bal Govind Sharma For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-07-2017 Heard both sides.

This is repeat application seeking anticipatory bail in connection with Gamharia P.S. case no. 64 of 2016, registered under Sections 341, 323, 364, 120B of the IPC. Earlier the petitioners had approached this Court for bail which was withdrawn. Learned counsel for the petitioners submits that one of the co-accused(s), namely, Ganita Devi has been granted anticipatory bail by a Co-ordinate Bench of this Court by order dated 11.04.2017 in Cr. Misc. No. 12769 of 2017.It is also submitted that there is delay in lodging the complaint which ultimately converted into F.I.R. The case of the petitioners merit to be considered for grant of anticipatory bail.

Patna High Court Cr.Misc. No.24254 of 2017 (2) dt.05-07-2017 2/2 Learned counsel for the State opposed the prayer and submits that on the submission of the counsel for the petitioners, the previous application was permitted to be withdrawn with liberty to the petitioners to surrender and apply for bail. In considered view of the Court, the present application is not fit to be allowed. It is, accordingly, rejected. It will be open to the petitioners to apply for regular bail and bring all relevant facts before the Court including grant of anticipatory bail to one of the co-accused(s) of the present case for consideration and disposal on merit unprejudiced by the present order in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T