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Patna High CourtCR. MISC./49246/2019dismissed

Jay Ram Yadav v. The State Of Bihar

2019-08-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49246 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

JAY RAM YADAV S/o Late Munnilal Yadav Resident of Vikram Rahi, P.S.- Ghogharadiha, District- Madhubani.

2.

Raushan Kumar S/o Late Ram Lochan Yadav Resident of Village- Pirojgard, P.S.- Ghoghardiha, District- Madhubani.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Ghaghardiha P.S. Case No. 67 of 2019 registered for the offences punishable under Sections 341, 323, 379, 504 and 34 of the Indian Penal Code.

Prosecution story is that accused persons, four in numbers, including the petitioners came variously armed and petitioners caught hold of nephew and brother of the informant and Anirudh Yadav and Pradyuman Yadav caused injury by dagger in their abdomen and Panjra.

Submission of learned counsel for the petitioners is that as a matter of fact scuffle took place between the parties with respect to playing of DJ by the brother of informant and his

Patna High Court CR. MISC. No.49246 of 2019(2) dt.07-08-2019 2/2 nephew, as such they have falsely been implicated and they are not the assailants.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners stating that both the petitioners caught hold of brother and nephew of the informant and thereafter other accused persons stabbed them, causing grievous injuries to them.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. They may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T