Pawan Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.29741 of 2016 (2) dt.05-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29741 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================
1. Pawan Yadav Son of Sri Chandrika Yadav
2. Sanjay Yadav Son of Late Gulab Yadav
3. Biro Yadav Son of Sri Sobhi Yadav All Resident of Village- Asharhi, P.S Moffasil, District Nawada.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Birendra Kumar, Advocate For the Opposite Party : Mr. Sri Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2016 Heard both sides.
The petitioners apprehend their arrest in Moffasil P.S.Case No.105 of 2015 pending in the court of CJM, Nawada under Sections 307, 379 and other Sections of the Indian Penal Code. The informant alleged that while he was returning to Kodarma with his truck and his brother along with his son also sat in the truck for treatment of his son but when the truck slowed on a breaker Pawan Yadav and others climbed on the truck and asked to take them to Nawada. When the informant refused to take them to Nawada, Pappu Yadav and others, the petitioners, assaulted the informant and his brother and also snatched Rs.40,000/- from the possession of the informant.
Patna High Court Cr.Misc. No.29741 of 2016 (2) dt.05-09-2016 The learned counsel for the petitioners submits that there is no allegation of snatching against the petitioners. The injury found on the person of the brother of the informant is simple in nature but it appears that the petitioners assaulted the driver only when he refused to give lift to Pappy Yadav, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the same is rejected.
If the petitioners surrender in the court below, the court below shall consider the prayer for bail of the petitioners taking into consideration that the injuries are simple in nature. (Prabhat Kumar Jha, J) B.Kr./- U T