Patna High CourtCR. MISC./22326/2018rejected

Mankar Yadav @ Mankar Prasad Yadav And ORS v. The State Of Bihar

2018-04-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22326 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Mankar Yadav @ Mankar Prasad Yadav, S/o Nageshwar Yadav,

2. Shiv Kumar Yadav S/o Mankar Yadav @ Mankar Prasad Yadav,

3. Ram Lakhan Yadav S/o Mankar Yadav @ Mankar Prasad Yadav, All are R/o Vill.- Gopalpur, P.S.- Industrial Area, District- Bhagalpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Industrial Area P.S. Case No. 126 of 2017 registered under Sections 147, 148, 149, 323, 307, 354A, 447, 504, 506, 327 and 379 of the Indian Penal Code.

As per F.I.R., the petitioners being variously armed with country-made pistol, iron rod and lathi are alleged to have assaulted several persons. From the impugned order passed by

Patna High Court Cr.Misc. No.22326 of 2018 (2) dt.27-04-2018 the learned Sessions Judge, it would be manifest that three of the injured namely, Methun Yadav, Sunaina Devi and Kailash Yadav had sustained grievous injuries.

The contention of the petitioners is that there is land dispute between the parties and a counter case has also been instituted against the members of the prosecution party on the basis of the written report submitted by the petitioner no.1 Mankar Yadav @ Mankar Prasad Yadav.

Considering the nature of allegation made in the first information report, I am not inclined to grant pre-arrest bail to the petitioners. Their application is rejected. In case the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Sanjeet/- U T