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Patna High CourtCR. MISC./40385/2019bail rejected

Arvind Yadav v. The State Of Bihar

2019-07-04Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40385 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- JAMHOR District- Aurangabad ====================================================== 1.

Arvind Yadav Son of Bhuneshwar Yadav, Resident of Village and Via - Gigna, P.S.- Jamhor, Distt - Aurangabad.

2.

Madhewshwar Yadav Son of Late Rambriksh Yadav, Resident of Village and Via - Gigna, P.S.- Jamhor, Distt - Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar Mr. Rupa Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Jamhor P.S. Case No. 35 of 2019 registered for offence punishable under sections 147, 148, 149, 341, 323, 325, 307 and 302 of the Indian Penal Code and section 27 of the Arms Act.

Allegation has been made that the accused persons entered into the house of victim and resorted firing. Submission has been made by the counsel for the petitioners that there is no overt act against them except they have entered into the house of victim and further submits that petitioner no. 2 is aged about

Patna High Court CR. MISC. No.40385 of 2019(2) dt.04-07-2019 2/2 72 years and there is no antecedent against them. Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners and accordingly their prayer for bail is rejected. However, if the petitioners surrender before the court below within a period of three weeks from today, the court below without being prejudiced by this order, will dispose of the case on its own merit, preferably on the same day.

(Shivaji Pandey, J) Mahesh/- U T