Surendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24699 of 2015 Arising Out of PS.Case No. -108 Year- 2005 Thana -BRAHMPUR District- BUXAR ======================================================

1. Surendra Yadav Son of Late Sadhu Yadav

2. Umashankar Yadav S/o Late Chandrika Yadav Resident of Village + P.S. - Brahmpur, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashwini Kumar Rai For the Opposite Party/s : Mr. Ajay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-07-2015 Heard learned counsel for petitioners and learned Additional Public Prosecutor for the State. Petitioners were summoned u/S 319 of the Cr.P.C. on the basis of order passed by this court in Cr. Misc. No. 33610 of 2005 and therefore, it is apparent that having found prima facie material, petitioners have been summoned in the present case.

Accordingly, prayer for grant of anticipatory bail of petitioners in connection with Sessions Trial No. 324 of 2007 arising out of Brahmpur P.S. Case No. 108 of 2005 stands rejected.

However, if petitioners surrender in the court

Patna High Court Cr.Misc. No.24699 of 2015 (2) dt.14-07-2015 2/2 below within four weeks from today and seek regular bail, the learned trial court shall consider the regular bail application of petitioners on its own merit, without being prejudiced by this rejection order, particularly, keeping in mind that police after due investigation, submitted final form which was accepted and later on, the learned trial court also refused to summon the petitioners u/S 319 of the Cr. P.C. but the view of the learned trial court was not found favour by this court in Cr. Misc. No. 33610 of 2005. (Hemant Kumar Srivastava, J) A.K.V./- U T