Manoj Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49824 of 2018 Arising Out of PS.Case No. -147 Year- 2018 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Manoj Yadav Son of Awadh Lal Yadav.

2. Ashok Yadav Son of Awadh Lal Yadav.

3. Pankaj Kumar @ Pankaj Yadav, Son of Bal Kishore Yadav. All are resident of Village- Charme, P.S.- Chhatapur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Chhatapur Case No.147 of 2018 registered for offences punishable under Sections 341, 323, 353, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that when the police raided to arrest a person, the accused persons surrounded them to flee away the accused person from the place of occurrence.

Submission of the learned counsel for the petitioners is that the allegation is general and omnibus in nature and no specific allegation has been attributed against them.

Patna High Court Cr.Misc. No.49824 of 2018 (2) dt.30-08-2018 2/2 Heard learned A.P.P. who has opposed the prayer for bail of the petitioners stating that only four persons have been made accused in the FIR and they had surrounded the police personnel to flee away the accused person.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioners, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T