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Patna High CourtCR. MISC./41189/2019disposed

Mahabir Yadav v. The State Of Bihar

2019-07-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41189 of 2019 Arising Out of PS. Case No.-23 Year-2010 Thana- AMBA DistrictAurangabad ====================================================== 1.

MAHABIR YADAV, male, aged about 30 years, Son of Late Jagdish Yadav Resident of Village-Hathbor, P.S.-Amba, District-Aurangabad. 2.

Shakuntala Devi, female, aged about 28 years, Wife of Mahabir Yadav Resident of Village-Hathbor, P.S.-Amba, District-Aurangabad. 3.

Sikesh Yadav @ Sikesh Kumar Yadav, male, aged abut 18 years, Son of Mahabir Yadav Resident of Village-Hathbor, P.S.-Amba, DistrictAurangabad. 4.

Bindeshwar Yadav, male, aged about 40 years, Son of Arjun Yadav Resident of Village-Gurgaiya, P.S.-Deo, District-Aurangabad 5.

Gopal Yadav, male, aged abut 27 years, Son of Arjun Yadav Resident of Village-Gurgaiya, P.S.-Deo, District-Aurangabad ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Ashok Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code registered in connection with Amba P.S. Case No. 23 of 2010.

3. It is submitted that the petitioners have been falsely implicated, and in any event they are on police bail. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.41189 of 2019(2) dt.04-07-2019 2/2

4. In that view of the matter and having regard to the decision of the Hon'ble Division Bench in the case of Mahendra Prasad Singh Vs. The State of Bihar, 2004(3) PLJR 491, the present anticipatory bail petition held to be not maintainable.

5. Let the petitioners surrender before the Court of learned Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 23 of 2010.

6. The anticipatory bail petition stands disposed of. (Vikash Jain, J) Ibrar/BT U T