Shatrughan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36984 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- SONBERSA District- Saharsa ======================================================

1. Shatrughan Yadav, S/o Late Paramlal Yadav,

2. Rana Yadav, S/o Shatrughan Yadav, Both resident of VillageSirrahi, P.S. Sonbarsha Raj, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the son of the informant was coming to his village, the accused persons surrounded him and assaulted due to which he sustained injury. Thereafter the accused persons took him to the village and locked him.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in

Patna High Court Cr.Misc. No.36984 of 2018(3) dt.12-10-2018 2/2 the present case. There was a case instituted by petitioner no. 2 against the local police, hence, the petitioners are being implicated in number of cases at the instance of the local police. General and omnibus allegation has been made against the petitioners. No specific injury has been attributed against them. Except for offence under Section 307 IPC, rest of the offences are triable by the Magistrate. There is a case and counter case between the parties. The case of the petitioners was instituted earlier to the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. and they have got criminal antecedents.

Considering the same, I am not inclined to grant anticipatory bail to the petitioners. Prayer is rejected. If the petitioners surrender in the Court below, the same shall be considered on its own merit without being prejudiced by the present order.

(Sudhir Singh, J) Pankaj/- U T