Patna High CourtCR. MISC./24843/2016rejected

Akshay @ Deepak Yadav And ORS v. The State Of Bihar

2016-06-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24843 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Akshay @ Deepak Yadav, son of Pramod Yadav,

2. Sonu Yadav, son of Late Ramashish Yadav.

3. Sunil Yadav, son of Bijay Yadav

4. Birendra Yadav, son of Satya Narayan Yadav,

5. Munna Yadav, son of Satyendra Yadav, All resident of Village- Bishaini Tola Naudiha, P.S. Aurangabad (M), District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Yadav For the Opposite Party/s : Mr. L.K. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-06-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State Petitioners apprehend their arrest in connection with Aurangabad (Muffasil) Police Station Case No. 49 of 2016 registered for the offences punishable under Sections 448, 341, 323, 308, 504/34 of the Indian Penal Code.

Petitioners are named accused in the first information report. The allegation against the petitioners is that they assaulted the informant and others by means of lathi causing injuries to them.

Submission on behalf of the petitioners is that the

Patna High Court Cr.Misc. No.24843 of 2016 (2) dt.15-06-2016 2/2 informant and other injured have already compromised this case and no grievous injury was found on the persons of the injured. Regard being had to the fact and circumstances of the case, I am not inclined to grant privilege of anticipatory bail to the petitioners and, accordingly, their prayer for bail in connection with Aurangabad ( Muffasil) P.S.Case No. 49 of 2016, pending in the court of learned Chief Judicial Magistrate, Aurangabad stands rejected.

However, if the petitioners surrender before the court below and pray for regular bail within four weeks from the date of receipt/ production of a copy of this order, the concerned court shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly keeping in mind the factum of compromise. (Hemant Kumar Srivastava, J) N.K/- U T