Patna High CourtCR. MISC./2815/2015disposed

Rupan Yadav And ORS. v. The State Of Bihar

2015-01-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2815 of 2015 Arising Out of PS.Case No. -97 Year- 2014 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================

1. Rupan Yadav Son of Late Ram Yadav

2. Heman Yadav Son of Sita Ram Yadav

3. Ajit Yadav Son of Basudeo Yadav

4. Munna Yadav @ Munna Kumar Son of Basudeo Yadav

5. Mukesh Yadav @ Mukesh Kumar Son of Vasudeo Yadav

6. Sanjay Yadav Son of Ram Bhagat Yadav All Resident of Village - Kishunpur Police Station - Magadh Medical , District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Magadh Medical P.S. Case No. 97 of 2014 registered for offence under Section-307 & other minor sections of the Indian Penal Code.

Taking into consideration that learned Sessions Judge in the impugned order dated 16-12-2014, has very clearly directed the trial court to consider the regular bail of the petitioners on its own merit, without being prejudiced by the order of learned

Patna High Court Cr.Misc. No.2815 of 2015 (2) dt.22-01-2015 Sessions Judge and, furthermore, the learned Sessions Judge directed the trial court to pass appropriate order in favour of the petitioners, if, the injury is found simple in nature. Therefore, I do not think it proper to consider the prayer for anticipatory bail of the petitioners and, accordingly, this anticipation petition stands disposed off with direction to the petitioners to surrender before the court below within four weeks from the date of receipt/production of copy of order and to seek regular bail and if, they do so, the concerned court shall consider regular bail application of the petitioners in the light of order dated 16-122014 passed by the learned Sessions Judge in ABP No. 2409 of 2014 on the date of surrender of the petitioners itself. (Hemant Kumar Srivastava, J) A.K.V./- U T