Patna High CourtCR. MISC./51460/2016rejected

Subodh Yadav And ANR v. The State Of Bihar

2016-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51460 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Subodh Yadav

2. Neeraj Yadav, son of Prasadi Yadav, Resident of Village- Milkichak, P.S.- Naya Ramnagar, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Tewary For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is case and counter case and there is no allegation of snatching chain of the informant by the petitioners. It has also been submitted that there is no specific injury on the person of the informant. As such, the petitioners deserve anticipatory bail. Heard learned APP appearing for the State who vehemently opposed the anticipatory bail.

Having heard both sides and after perusal of the F.I.R. it

Patna High Court Cr.Misc. No.51460 of 2016 (2) dt.14-12-2016 appears that the allegation against the petitioners that petitioner no.1 has caught hold of the informant and petitioner no.2 has assaulted with spade on the head.

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, prayer of the petitioners is rejected. However, the petitioners are directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) A.I./- U