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Patna High CourtCR. MISC./4729/2015rejected

Rupesh Yadav @ Rupesh Kumar And ANR v. The State Of Bihar

2015-04-27Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.4729 of 2015 (6) dt.27-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4729 of 2015 Arising Out of PS.Case No. -23 Year- 2014 Thana -MEDANI CHOWKI District- LAKHISARAI ======================================================

1. Rupesh Yadav @ Rupesh Kumar.

2. Ritesh Yadav @ Ritesh Kumar Both sons of Shankar Yadav Both resident of Village - Abgil, Rampur, Police Station - Medni Chowki, District - Lakhisarai.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in connection with Medni Chowki P.S. Case No. 23 of 2014 registered for the offence punishable under Sections 147, 149, 450, 452, 341, 342, 354, 323, 337, 302 and 504/34 of the Indian Penal Code.

Diary in the present case has already been received.

Learned counsel for the petitioners submits that there is no specific allegation against these two petitioners. However, after perusal of the First Information Report and also the post-mortem report which clearly indicates that the

Patna High Court Cr.Misc. No.4729 of 2015 (6) dt.27-04-2015 deceased had been lynched to death by the whole group of persons, it is difficult to indicate that as to whose blow had been fatal to the deceased. Learned counsel for the petitioners also submits that in the further statement the informant has not named these two petitioners.

After considering the materials on record and the case diary, I am not inclined to grant anticipatory bail to these petitioners. It is, accordingly, rejected in connection with Medni Chowki P.S. Case No. 23 of 2014, pending before the learned Judicial Magistrate, 1st Class, Lakhisarai. (Anjana Mishra, J.) Sanjay/- U T