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Patna High CourtCR. MISC./8662/2017rejected

Om Prakash Yadav And ORS v. The State Of Bihar

2017-09-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8662 of 2017 Arising Out of PS.Case No. -240 Year- 2016 Thana -MANJHI District- SARAN ======================================================

1. Om Prakash Yadav, Son of Late Yogendra Yadav

2. Satendra Yadav, Son of Ram Ekbal Yadav

3. Pankaj Sah @ Pankaj Kumar sah, Son of Late tarkeshwar Sah All Resident of Village-Gobrahin, POlice Station-Daudpur, District-Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Manjhi P.S. Case No. 240 of 2016 registered under Sections 147,148, 31, 323, 307, 379 and 504 of the I.P.C. pending in the Court of A.C.J.M.-V, Saran at Chapra.

Submission is that petitioners are innocent and have falsely been implicated in this case. It is also submitted that the F.I.R. is lodged after lapse of four days of the alleged occurrence, which creates doubtful the prosecution story. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners with submission that there is

Patna High Court Cr.Misc. No.8662 of 2017 (9) dt.06-09-2017 2/2 specific allegation of assault against the petitioners and others by means of iron rod and pipe with intention to kill the informant. Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) Shailendra/- U T