Rahis Kumar Yadav And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.12486 of 2015 (2) dt.03-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12486 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================

1. Rahis Kumar Yadav

2. Sarif Yadav @ Sarif Kumar Yadav Both sons of Satya Nand Yadav, Resident of Village - Fathepur, P.S. Paliganj, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.04.2015 Learned counsel for the petitioners is permitted to make necessary correction in prayer portion of this petition within course of the day.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

Petitioners are named in the first information report and it is alleged that petitioners along with other accused having armed with fire arms and deadly weapons went at the door of the informant and thereafter co-accused Satyanand Yadav shot fire causing fire arm injury to deceased Anil Yadav. Thereafter, co-accused Ram Babu Yadav also shot fire causing injury to deceased Anil Yadav. So far as petitioners are concerned, it is stated that petitioner no.1 assaulted the informant by lathi and petitioner no.2 namely, Sarif

Patna High Court Cr.Misc. No.12486 of 2015 (2) dt.03-04-2015 Yadav, gave spade blow causing injury to Laldev Yadav. The contention on behalf of the petitioners is that according to the prosecution case itself, Anil Yadav sustained fire arm injury but the aforesaid Anil Yadav was also made accused in this case and the aforesaid fact completely falsified the prosecution story. It is further contended by him that there is case and counter case between the parties.

It would appear from perusal of formal FIR that one Anil Yadav son of Ram Ekbal Yadav has been made accused no.2 in Paliganj P.S. Case no. 105/2014. It is well known fact that formal FIR is written by the concerned police official and even if any mistake has been committed in the formal FIR, then also, for the aforesaid mistake, informant is not responsible.

However, taking note of this fact that the petitioners participated in the alleged crime, I am of the view that they are not entitled to get privilege of anticipatory bail. Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind the chequered history of the petitioners, I am not inclined to release the petitioners on anticipatory bail and accordingly, their prayer for anticipatory bail in connection with Paliganj P.S. Case no. 105/2014 pending in the court of SDJM, Danapur, Patna stands rejected. shahid (Hemant Kumar Srivastava,J) U T