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Patna High CourtCR. MISC./54101/2022partly allowed disposal

Rameshwar Yadav v. The State Of Bihar

2023-02-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54101 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- JHAJHA District- Jamui ====================================================== 1.

RAMESHWAR YADAV Son of Late Bito Yadav Resident of Village - Katahratar, P.S.- Jhajha, District - Jamui.

2.

Guddu Yadav Son of Rameshwar Yadav Resident of Village - Katahratar, P.S.- Jhajha, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-02-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 193 of 2021, registered for the offences punishable under Sections 147, 149, 302, 452, 504, 506 and 427 of the Indian Penal Code.

The learned counsel for the petitioner has submitted that co-accused Sitaram Yadav assaulted the deceased with axe on his head.

There is specific allegation on petitioner no. 2 that he along with co-accused Rameshwar Yadav assaulted the

Patna High Court CR. MISC. No.54101 of 2022(2) dt.01-02-2023 2/2 deceased.

Considering the above-mentioned facts and circumstances, petitioner no. 2 does not deserve the privileges for anticipatory bail. Accordingly, his prayer for bail is rejected. So far as petitioner no. 1 is concerned, there is no specific allegation against him to assault the deceased and on similar footing, two other accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 60418 of 2021, let petitioner no. 1, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 193 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) nirmal/kundan U T