Patna High CourtCR. MISC./41903/2017rejected

Rajendra Yadav And ORS v. The State Of Bihar

2017-09-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41903 of 2017 Arising Out of PS.Case No. -154 Year- 2014 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Rajendra Yadav, Son of Bhumi Yadav,

2. Pramod Yadav, son of Late Sadanand Yadav.

3. Ved Prakash Kumar, @ Ved Prakash Yadav, Son of Madneshwar Yadav, All residents of Village- Bhelwa, P.S.- Gamharia, District- Madhepura .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Shekhar Kumar Singh, Adv. For the Opposite Party : Smt. Suman Kumari Singh, APP 164 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2017 Heard both sides.

The petitioners apprehend their arrest in Gamharia P.S. Case No. 154 of 2014 under Sections 307, 379 and other sections of the Indian Penal Code.

The learned counsel for the petitioner submits that on the earlier occasion the prayer for anticipatory bail petition was withdrawn, but, the petitioners, again, filed this anticipatory bail application on the ground that there is no specific allegation of assault against the petitioners.

Petitioners 1 and 3 are alleged to have taken away mobile and rupees five thousand from the pocket of the informant and there is no injuries corresponding to the allegation on the body of the informant. There is counter version of Gamharia P.S. Case No. 155 of 2014 lodged by Narendra Yadav, one of the co-accused of this case, but, it appears that the petitioners and others are alleged to have indiscriminately assaulted the informant and when informant fell down, after becoming unconscious, the petitioners fled away after taking away the articles.

Patna High Court Cr.Misc. No.41903 of 2017 (2) dt.06-09-2017 2/2 Considering the nature of allegation against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail.

The prayer for anticipatory bail is rejected. (Prabhat Kumar Jha, J) SA/- U √ T √