Patna High CourtCR. MISC./49119/2015rejected

Santosh Yadav @ Hukumdeo Yadav And ORS v. The State Of Bihar

2015-12-15Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.49119 of 2015 (4) dt.15-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49119 of 2015 Arising Out of PS.Case No. -282 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Santosh Yadav @ Hukumdeo Yadav

2. Ashok Yadav Both are sons of Late Ramudgar Yadav

3. Sanjay Yadav, Son of Ram Bilash Yadav

4. Raj Kumar Yadav, Son of Late Akshay Yadav

5. Amresh Kumar Yadav @ Amresh Yadav S/o Raj Kumar Yadav

6. Amiri Yadav Son of Ram Prayag Yadav All are resident of village- Itharwa Tola Baluahi, P.S. Bahera, DistrictDarbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioners and state. The petitioners apprehend their arrest in a case under section 147, 148, 149, 323, 324, 307, 452, 380 and 504 of Indian Penal Code, which was converted into section 302 of Indian Penal Code, consequent upon death of injured Ramdeo Yadav.

The petitioners submit that some altercation took place on the ground of land dispute and the prosecution side has roped all the villagers in the instant case. The petitioners further submit that on the relevant date, the petitioners no. 3 to 6 were not present in the village. The petitioner no.3 and 5

Patna High Court Cr.Misc. No.49119 of 2015 (4) dt.15-12-2015 reside outside the State.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Their prayer for anticipatory bail is accordingly rejected. However, the petitioners should surrender and pray for regular bail which would be considered preferably on the same date and also taking into consideration that petitioner no.3 and 5 reside outside the State of Bihar. Learned Court below would also consider that some other accused persons have been granted regular bail.

(Samarendra Pratap Singh, J) KHAN/- U T