Patna High CourtCR. MISC./45085/2019disposed

Mathura Yadav v. The State Of Bihar

2019-10-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45085 of 2019 Arising Out of PS. Case No.-105 Year-2015 Thana- PAHARPUR District- East Champaran ====================================================== 1.

MATHURA YADAV Son of Late Janki Yadav Resident of Village- English Nawadih, P.S. Paharpur, District- East Champaran. 2.

Ramdeo Yadav Son of Late Janki Yadav Resident of Village- English Nawadih, P.S. Paharpur, District- East Champaran. 3.

Yamuna Yadav son of late Janki Yadav Resident of Village- English Nawadih, P.S. Paharpur, District- East Champaran. 4.

Lalbabu Yadav Son of Mathura Yadav Resident of Village- English Nawadih, P.S. Paharpur, District- East Champaran. 5.

Harendra Yadav Son of Mathura Yadav Resident of Village- English Nawadih, P.S. Paharpur, District- East Champaran. 6.

Mankeshwar Yadav Son of Yamuna Yadav Resident of Village- English Nawadih, P.S. Paharpur, District- East Champaran. 7.

Rajesh Yadav @ Rajesh Kumar Yadav Son of Ramdeo Yadav Resident of Village- English Nawadih, P.S. Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Paharpur P.S. Case No. 105 of 2015 registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. As per FIR petitioners are said to have assaulted the informant and caused injuries to him.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.45085 of 2019(2) dt.21-10-2019 2/2 that there is general and omnibus allegation against all the petitioners and injury is simple in nature and moreover they have been given the benefit of Section 41(1) of Cr.P.C. and they have not misused the same.

Heard learned APP also.

In view of above facts and circumstances, let petitioners surrender and pray for regular bail, which shall be considered by the court below on the basis of the fact that they have been given the benefit of Section 41(1) of Cr.P.C. and have not misused the same and disposed of, if possible, on the same day.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T