Patna High CourtCR. MISC./31923/2014disposed

Suresh Yadav And ANR. v. The State Of Bihar

2015-01-21Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31923 of 2014 Arising Out of PS.Case No. -189 Year- 2013 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Suresh Yadav Son of Ramji Yadav.

2. Bhola Yadav Son of Suresh Yadav Both Resident of Village Chandaul, P.S. Raffiganj, District- Aurangabad.

.... .... Petitioners

Versus

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

For the Petitioners : Mr.

For the Opposite Party : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

21.01.2015 Heard learned counsel for the petitioner no. 1 (with regard to whom the bail application now stands limited in view of the order dated 03.12.2014) and learned A.P.P. for the State.

The petitioner no.1 apprehends arrest in Rafiganj P.S. Case No. 189 of 2013 dated 26.09.2013 instituted under Sections 147/148/149/341/323/325/307/ 375/295A of the Indian Penal Code.

Learned counsel for the petitioner no.1 submits that there was scuffle between both sides and the injuries are simple in nature.

Learned A.P.P. opposes the prayer for bail and submits that the petitioner no. 1 has criminal antecedent and since there is no counter case, the defence that the petitioner was also assaulted prior to getting into scuffle with the

Patna High Court Cr.Misc. No.31923 of 2014 (3) dt.21-01-2015 2/2 informant is not borne out from the facts of the case. In view of the aforesaid, the Court is not inclined to enlarge the petitioner no. 1 on anticipatory bail. He may surrender before the Court below and seek regular bail. The Court below shall consider the case on its own merits in view of the observations made in the order of the learned Sessions Judge, Aurangabad dated 28.06.2014 without being prejudiced by the fact that this Court has declined to grant anticipatory bail to petitioner no. 1.

Accordingly, the application stands disposed off.

(Ahsanuddin Amanullah, J.) Anand Kr.

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