Patna High CourtCR. MISC./5794/2018rejected

Awadhesh Yadav And ORS v. The State Of Bihar

2018-02-01Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.5794 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5794 of 2018 Arising Out of PS.Case No. -1 Year- 2017 Thana -DHIBRA District- AURANGABAD ======================================================

1. Awadhesh Yadav, S/o Lakhan Yadav,

2. Manjay Yadav S/o Lakhan Yadav,

3. Sankar Yadav S/o Dinesh Yadav All three R/o Village- Turitola Langurahi, P.S.- Hariharganj, DistrictPalamu (Jharkhand). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Dhibra P.S. Case No.1 of 2017, registered for the offence punishable under Sections 147, 148, 149, 307, 353, 121 and 124-A of the Indian Penal Code, under Section 25(1-B)a, 26, 27 and 35 of the Arms Act, under Section 4/5 of the Explosive Substance Act and under Section 17 of the CLA Act. Learned counsel for the petitioners submits that the petitioner nos.1 and 2 are the contractors and petitioner no.3 is the Government servant. He further submits that co-accused has been granted regular bail by this Court in Criminal Miscellaneous No.58294 of 2017.

Patna High Court Cr.Misc. No.5794 of 2018 (2) dt.01-02-2018 Looking to the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for bail is rejected. However, if the petitioners surrender before the Court below within three weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T