Patna High CourtCR. MISC./22570/2014rejected

Ujjawal Yadav @ Ujjawal Kumar And ORS. v. The State Of Bihar

2015-01-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22570 of 2014 Arising Out of PS.Case No. -65 Year- 2014 Thana -SABAUR District- BHAGALPUR ======================================================

1. Ujjawal Yadav @ Ujjawal Kumar S/o Eshwar Chandra Yadav

2. Birendra Yadav S/o Pashupati Yadav

3. Rajeev Kumar Yadav S/o Deo Kumar Yadav

4. Pinku Kumar Yadav S/o Deo Kumar Yadav All of Resident of Village English, P.S. Sabour, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. R.B.S. Pahepuri (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under sections 147, 148, 149, 323, 325, 307, 379, 504 and 506 of the I.P.C and section 27 of the Arms Act. The petitioners after forming an unlawful assembly being armed with deadly weapons including pistol came at the door of the informant abused him and on protest being made, opened firing from the pistol and assaulted with lathi causing injury on the head of the informant and further took out Rs. 2,000/- from his pocket.

Submission is of false implication. There is case and

Patna High Court Cr.Misc. No.22570 of 2014 (6) dt.16-01-2015 2/2 counter case. No fire arm injury has been caused and one injury which has been caused for that petitioner no.2 is responsible and as such the petitioners deserve sympathetic consideration, to which the learned counsel for the informant opposes by submitting that in the counter case prayer for pre-arrest bail has been rejected by the Hon'ble Court and further the injury caused is grievous. As on the head of the informant blow has been given causing grievous injury and as such this Court is not inclined to grant privilege of pre-arrest bail to the petitioners. Accordingly, their prayer stands rejected in connection with Sabour P.S. Case No. 65 of 2014/ G.R. No. 913 of 2014 pending in the court of Sri V.N. Prasad, J.M. Ist. Class, Bhagalpur.

(Jitendra Mohan Sharma, J) Abhay/- U T