Bhuvaneshwar Yadav @ Bhubneshwar Yadav @ Bhupan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9869 of 2016 Arising Out of PS.Case No. -156 Year- 2014 Thana -BAHERI District- DARBHANGA ======================================================

1. Bhuvaneshwar Yadav @ Bhubneshwar Yadav @ Bhupan Yadav, S/o Late Pitamabar Yadav

2. Pappu Yadav S/o Bhuvaneshwar Yadav @ Bhubneshwar Yadav @ Bhupan Yadav Both are resident of Village- Kushiyam, P.S.- Baheri, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Subash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-03-2016 Heard learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Baheri P.S. Case No. 156 of 2014 for offence under Sections 341, 323, 342, 328, 307/34 of the Indian Penal Code.

Earlier both the petitioners had moved before this Court for anticipatory bail in Cr. Misc. No. 42089 of 2014 and this Court, looking to the facts and circumstances of the case, had rejected the prayer for anticipatory bail but, they did not submitted themselves to the jurisdiction of the Court and evaded to face the judicial process.

Patna High Court Cr.Misc. No.9869 of 2016 (2) dt.02-03-2016 As per the claim of the petitioners, the police, after investigation, submitted final form on 20.7.2015 as did not find any material against both the petitioners but, the Magistrate has taken cognizance on 30.1.2016 which prompted the petitioners to approach this Court.

Learned counsel for the petitioners has placed reliance on the report of the Medical Board where the Board has not given any specific finding and left the matter to the investigating agency. This Court is not inclined to grant anticipatory bail to the petitioners.

Accordingly, the anticipatory bail of the petitioners, namely, Bhuvaneshwar Yadav @ Bhubneshwar Yadav @ Bhupan Yadav and Pappu Yadav is rejected.

Both the petitioners are directed to surrender within a period of three weeks from today. If the petitioners surrender within the aforesaid period of three weeks, the court below will hear the case on the day of surrender itself and examine the records of the case and pass order on the same day in accordance with law deposing of the case.

(Shivaji Pandey, J) Rishi/- U T