Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35263 of 2019 Arising Out of PS. Case No.-421 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== 1.

Ashok Yadav, Son of Late Sita Ram Yadav, Resident of Village- Lagar, P.S.- Parbatta, District- Khagariya.

2.

Rajo Yadav, Son of Sita Ram Yadav, Resident of Village- Lagar, P.S.- Parbatta, District- Khagariya.

3.

Manoj Yadav @ Munna Yadav, Son of Surendra Yadav, Resident of VillageLagar, P.S.- Parbatta, District- Khagariya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 This is an application for grant of anticipatory bail in connection with Parbatta P. S. Case No. 421 of 2018, disclosing offences under Sections 341, 342, 323, 307, 504, 34 of IPC and Section 27 of the Arms Act.

As per F.I.R. there is allegation against petitioners no. 1 and 3 that they have ordered to beat the informant, on which, other accused persons fired on the informant, but did not hit him. Thereafter, they surrounded him and all the accused persons assaulted by rod to the informant, causing fracture on his hands and legs.

Submission of the learned counsel for the petitioners is that the F.I.R. itself disclosed that prosecution story is not

Patna High Court CR. MISC. No.35263 of 2019(6) dt.13-09-2019 2/2 believable. There is land dispute between the parties. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there is allegation against all the petitioners of assaulting the informant and they are having criminal antecedent also.

Having heard both sides and perused the injury report, there are altogether seven injuries, out of which, two injuries are grievous in nature and considering the same, I am not inclined to grant privilege of anticipatory bail to the petitioners. However, they may surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T