Deo Nandan Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52137 of 2016 Arising Out of PS.Case No. -86 Year- 2016 Thana -FULKAHA District- ARRARIA ======================================================
1. Deo Nandan Yadav, Son of Late Hiralal Yadav.
2. Bhola Yadav, Son of Late Dholi Yadav,
3. Mukesh Kumar Yadav @ Mukesh Yadav, Son of Sri Dev Nandan Yadav.
4. Pintu Kumar Yadav @ Pintu Yadav, Son of Sri Dev Nandan Yadav. All resident of Village Achra, P.S. Phulkaha, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhileshwar Prasad Singh Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This is an application for grant of anticipatory bail for the offences punishable under Section 147, 148, 149, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioners that there is no specific allegations against these petitioners, their names have come in this case only on the fact that they had been seen on the place of occurrence. They have been falsely implicated in the present case.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.52137 of 2016 (2) dt.21-12-2016 2/2 Having heard both sides and in view of the fact that there is direct allegation against these petitioners of making assault and firing leading to the death of the deceased, I am not inclined to grant the petitioners, the privilege of anticipatory bail, it is accordingly rejected.
However, if the petitioners surrender before the Court below, their applications for grant of regular bail, may be considered by the learned Court below, on its own merit after taking into account all facts and circumstances and materials available on record, without being prejudiced by the order of this Court.
(Vinod Kumar Sinha, J) sunil/- U T