Yogendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49106 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================

1. Yogendra Yadav, Son of Jovraj Yadav.

2. Rajju Yadav, Son of Late Rodan Yadav. Both Resident of VillageTetariya Tarh, P.S. Khaira, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Smt. Indu Bala Panday (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-11-2015 The petitioners seek anticipatory bail in Khaira P.S. Case No. 124 of 2015 registered under section 302/34 IPC. It is alleged that when the son of the informant was going on a motor cycle, the accused persons including the petitioners intercepted and assaulted him indiscriminately by sword and stones which ultimately caused his death on the spot. On alarm being raised, the accused persons fled away holding out threats to the deceased.

The contention of the petitioners is that there is general and omnibus allegation. No witness except the informant has seen the occurrence. There is a land dispute between the parties. Considering the allegations levelled against the

Patna High Court Cr.Misc. No.49106 of 2015 (2) dt.04-11-2015 2/2 petitioners and the fact reflected from the impugned order, I am not satisfied that a case for anticipatory bail has been made out. Accordingly, prayer is declined.

Let the petitioners surrender and seek regular bail. In that event, the court below shall consider their bail application on its own merit and dispose of the same in accordance with law. (Kishore Kumar Mandal, J) HR/- U T