Patna High CourtCR. MISC./36316/2017disposed

Puhan Yadav And ORS v. The State Of Bihar

2017-08-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36316 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -CHANAN District- LAKHISARAI ======================================================

1. Puhan Yadav, Son of Late Narayan Yadav

2. Dinesh Yadav

3. Katiman Yadav

4. Ramdhani Yadav, SI. Nos. 2, 3 & 4 are Sons of Puhan Yadav, All are resident of village- Banshipur, P.S.:- Chanan, District- Lakhisarai .... Petitioners

Versus

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

For the Petitioners : Mr. Ambika Bhagat, Adv. For the Opposite Party : Mr. Manoj Kumar - 1, APP 185 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-08-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 147, 149, 341, 323, 447, 504, 379, 385 and 307 of the Indian Penal Code.

Petitioners, namely, Katiman Yadav and Ramdhani Yadav, allegedly caused injuries at the head of the injured. There is general and omni bus allegation of commission of assault against petitioner Puhan Yadav and Dinesh Yadav. Submission of the learned counsel for the petitioners is that there is no allegation of repetition of blow and simple injury has been found on the injured.

Considering the fact that the petitioners, namely, Katiman Yadav and Ramdhani Yadav, had knowledge that their act might cause death, I am not inclined to grant anticipatory bail to them.

The prayer for anticipatory bail on behalf of the petitioners, Katiman Yadav and Ramdhani Yadav, is refused.

Patna High Court Cr.Misc. No.36316 of 2017 (2) dt.11-08-2017 2/2 Other petitioners, namely, Puhan Yadav and Dinesh Yadav, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Chanan P.S. Case No. 42 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, I, Lakhisarai, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √