Patna High CourtCR. MISC./55544/2019dismissed

Shyam Sundar Yadav v. The State Of Bihar

2019-11-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55544 of 2019 Arising Out of PS. Case No.-210 Year-2016 Thana- KISHUNPUR District- Supaul ====================================================== 1.

Shyam Sundar Yadav, male, Son of Surya Narayan Yadav @ Surya Na. Yadav 2.

Ram Bahadur Yadav, Son of Sikandar Yadav 3.

Manoj Yadav @ Majoj Kumar Yadav, Son of Surya Narayan Yadav 4.

Ramchandra Yadav, Son of Late Ramkishun Yadav 5.

Surya Narayan Yadav @ Surya Na. Yadav, Son of Late Ruplal Yadav All are resident of Village - Parsamadho, P.S.- Kishanpur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Goutam, Adv.

For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-11-2019 The petitioners seek bail in anticipation of their arrest in connection with Kishanpur P.S. Case No. 210 of 2016, dated 13.10.2016, instituted for the offences under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Though the petitioners are alleged to have fired from their weapons causing injuries to a child on his head, but there are several mitigating circumstances in the case,

Patna High Court CR. MISC. No.55544 of 2019(2) dt.16-11-2019 2/2 which indicate that this accusation could be false. The occurrence arose out of a small episode. It has also been argued that there is no intention to cause any injury and the parties have also decided to set at rest the dispute for which necessary application also has been filed before the Court below.

However, regard being had to the accusation levelled against the petitioners, I am not inclined to grant anticipatory bail to them.

The prayer for anticipatory bail is, accordingly, rejected.

However, should the petitioners surrender before the Court below within a period of four weeks and seek regular bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T