Patna High CourtCR. MISC./28212/2020dismissed

Ajit Yadav @ Saral Yadav v. The State Of Bihar

2020-12-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28212 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- AGIAON BAZAR District- Bhojpur ============================================== 1.

AJIT YADAV @ SARAL YADAV Son of Krishna Yadav Resident of Village - Khanani Kala, P.S.- Agiaon Bazar, District - Bhojpur. 2.

Bikash Yadav Son of Late Nand Mohan Yadav Resident of Village - Khanani Kala, P.S.- Agiaon Bazar, District - Bhojpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-12-2020 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioners and learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Agiaon Bazar P.S. Case No. 145 of 2019 dated 17.10.2019 instituted for the offence under Sections 323, 341, 504, 506, 307/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the occurrence took place on 14.10.2019 but the report regarding the same was lodged on 17.10.2019 and the

Patna High Court CR. MISC. No.28212 of 2020(3) dt.04-12-2020 2/2 endorsement of the Chief Judicial Magistrate was made even later.

However, looking at the fact that six other coaccused persons have been granted regular bail vide order dated 05.02.2020 passed in Cr. Misc. No. 8104 of 2020 by a Bench of this Court, I am not inclined to grant anticipatory bail to the petitioners but I am persuaded to direct that in case the petitioners surrender before the court below and pray for bail, their petition shall be considered on its own merit without being prejudiced by the fact that the present petition has not been entertained and that similarly situated persons have been granted bail.

The petition is dismissed with aforesaid observation.

(Ashutosh Kumar, J) sunilkumar/- U T