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Patna High CourtCR. MISC./52791/2016rejected

Hardev Yadav @ Haridev Yadav And ANR v. The State Of Bihar

2016-12-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52791 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -BAHERI District- DARBHANGA ======================================================

1. Hardev Yadav @ Haridev Yadav, son of Late Dhanraj Yadav.

2. Dilip Kumar Yadav, son of Hardev Yadav @ Haridev Yadav. Both are resident of village - Chanmana, Police Station - Baheri, District - Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 07-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Baheri P.S. Case No.167 of 2016 registered under Sections 147, 148, 149, 341, 342, 323, 324, 326, 307, 337, 379 and 504 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate-VI, Darbhanga.

The accusation is that on 21.08.2016, in the morning, when the informant was going to attend the call of nature towards the filed, these petitioners and their other family members, named in the F.I.R., surrounded him. At that time, the petitioner no.1

Patna High Court Cr.Misc. No.52791 of 2016 (2) dt.07-12-2016 2/2 caused injury to the informant through lathi at his right hand whereas the petitioner no.2 caused injury to him through lathi at his left leg. The other accused also caused injury to the informant. Thereafter, the informant was rushed to the hospital for treatment from where he was referred to D.M.C.H., where the statement of the informant was recorded by the police.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioner are directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T