Rajesh Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.46968 of 2015 (3) dt.27-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46968 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -SONBERSA District- SAHARSA ======================================================

1. Rajesh Yadav

2. Bhavesh Yadav

3. Mukesh Yadav, Sons of Sikander Yadav @ Ajay Yadav, Resident of Village - Manauri, P.S.-Sonbarsa Raj, Dist.-Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Informant : Mr. S.S. Sjharma, Advocate. For the State : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sonbarsa Raj P.S. Case No. 86 of 2015 registered under Sections 302 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of J.M. Ist class, Saharsa. The accusation is that petitioners along with eight persons named in the F.I.R. surrounded the house of the informant in the night of 4/5-6-2015, at that time, Sanjeet Yadav, entered in the house and took the cash of Rs.50,000/- and others caused injury through the butt to the brother and father of the informant.

Patna High Court Cr.Misc. No.46968 of 2015 (3) dt.27-01-2016 Thereafter, on the order of Chandrashekhar Yadav @ Ghosh, Dilip Yadav shot fire at the head and Kari Yadav also shot fire at the chest of Mukesh Yadav, brother of the informant. Learned counsel for the petitioners submits while the petitioners are named in the F.I.R. but no specific overt act has been alleged against the petitioners.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T