Patna High CourtCR. MISC./43672/2023dismissed

Ram Jatan Yadav v. The State Of Bihar

2023-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43672 of 2023 Arising Out of PS. Case No.-470 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Ram Jatan Yadav Son Of Late Jogi Yadav R/V- Dhoi, P.S.- Sadar, District - Darbhanga 2.

Basawan Yadav Son Of Late Ghutar Yadav R/V- Dhoi, P.S.- Sadar, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable Sections 147, 148, 149, 341, 323, 353, 427 of the Indian Penal Code.

3. Petitioners and other accused persons are said to have assaulted the police party when they entered into the house of one Basawan Yadav for arresting of accused Pawan Kumar.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific allegation against the petitioners rather allegation levelled against them is general

Patna High Court CR. MISC. No.43672 of 2023(2) dt.18-08-2023 2/2 and omnibus in nature. He submits that the injury found upon the victim is simple in nature. He submits that the petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Sadar P.S. Case No. 470 of 2020.

6. However, if the petitioners surrender before the learned court below within a period of six weeks from today and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T