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Patna High CourtCR. MISC./19986/2017rejected

Rakesh Yadav And ANR v. The State Of Bihar

2017-06-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19986 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -KURTHA District- JEHANABAD ======================================================

1. Rakesh Yadav son of Jagdish Yadav

2. Vinod Yadav son of Lal Dev Yadav All residents of village - Repura, P.S.- Kurtha, District - Arwal (Jehanabad) .... Petitioners

Versus

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

For the Petitioners : Mr. Aditya Narayan Singh-1, Adv. For the Opposite Party : Mr. Kumar Virendra Narayan, APP 226 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-06-2017 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 307, 504 and 507/34 of the Indian Penal Code.

The petitioners allegedly caused injury to Akhilesh Yadav and Birbal Yadav at the head with rod and khanti. The doctor has found head injury on both the injured. The learned counsel for the petitioners submits that there is case and counter case. The informant has mentioned the place of occurrence as house whereas the investigating officer has found the place of occurrence as gali.

On the other hand, the learned counsel for the informant submits that in the counter case accused, Azad Yadav and Akhlesh Yadav, have already been refused anticipatory by a coordinate Bench of this Court in Cr. Misc. No. 23091 of 2017. Considering the fact that the petitioners had knowledge that their act might cause death, I am not inclined to enlarge the petitioners on anticipatory bail.

Patna High Court Cr.Misc. No.19986 of 2017 (3) dt.30-06-2017 2/2 The prayer for anticipatory bail is refused.

They may surrender and pray for regular bail. (Birendra Kumar, J) SA/- U √ T √