Patna High CourtCR. MISC./42702/2015disposed

Ramayan Yadav v. The State Of Bihar

2015-10-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42702 of 2015 Arising Out of PS.Case No. -246 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Ramayan Yadav son of Sharda Yadav @ Mishri Yadav Resident of village - Khampar, Tola Bangar Bari, Police Station - Khampar, District - Deoria (U.P.).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,353,225 and 504/34 of the Indian Penal Code. The prosecution case is that the petitioner tried to get released an accused Amarnath Yadav who was being taken by two chowkidars to the court of the learned C.J.M., Gopalganj for production in connection with Thave P.S. Case No. 41 of 2015. Subsequently, two advocates Raju Kamal alias Guddu and Bashishtha Narayan Yadav were called by the petitioner who abused the informant.

Patna High Court Cr.Misc. No.42702 of 2015 (3) dt.29-10-2015 2/2 It is submitted by the learned counsel for the petitioner that aforesaid Amarnath Yadav happened to be the cousin of the petitioner and the petitioner was called by the SHO at the police station when he failed to oblige him then the present case has been registered. It is further submitted that even assuming the accusation no case under section 225 IPC is made out. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. More over, one of the accused has been granted regular bail by the learned court below. Considering the aforesaid facts, this court sees no reason for the learned court below not to consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Gopalganj Town P.S. Case No. 246 of 2015 pending in the court of learned CJM, Gopalganj. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T