Janki Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54329 of 2015 Arising Out of PS.Case No. -139 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================

1. Janki Yadav

2. Lalbabu Yadav

3. Lal Bahadur Yadav @ Lal Bahadur All are sons of Late Jangi Yadav, resident of village -Dindeyalpur, Police Station- G.B. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Ms. Veena Rani Prasad APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Barharia (G.B.Nagar) P.S. Case No. 139 of 2015 registered under Sections 342, 323, 374, 353 and 504/34 of the Indian Penal Code. It would appear from the FIR that immediately after the accident took place the petitioners apprehended the drivers of the two vehicles, confined them for the whole night, took away the keys of their vehicles and snatched away Rs.5,000/- from their pockets and on receipt of information, when the police came to rescue the drivers, then the petitioners misbehaved with the police

Patna High Court Cr.Misc. No.54329 of 2015 (2) dt.09-12-2015 2/2 party and obstructed them in the discharge of their official duty. Learned counsel for the petitioners has submitted that since wife of the petitioner no.1 had sustained injury in the accident and instituted the FIR against the driver of the vehicle belonging to the informant of the present case, a false case, in defence, has been instituted against the petitioners in order to exert pressure upon the petitioner no. l to compromise the case instituted against the driver of the vehicle.

Regard being had to the high-handedness of the petitioners as alleged in the FIR, I am not inclined to grant them anticipatory bail. Accordingly, the application is dismissed. In case the petitioners surrender and seek bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T