Devan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23383 of 2015 Arising Out of PS.Case No. -21 Year- 2002 Thana -NIMCHAKBATHANI District- GAYA ======================================================

1. Devan Yadav s/o Narayan Yadav Resident of Village Jatti, Police Station Rajgir, District Nalanda.

2. Binod Yadav S/o Parmeshwar Yadav Resident of Village Mirabigha, Police Station Neemchak Bathani, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. M. Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-07-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 302 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

The petitioners are, of course, named in the F.I.R. but no specific allegation of assault is made against the petitioner. It appears that the case is of the year 2002 but the petitioners moved this Court after 13 years from registration of the case. In this view of the matter, I am not inclined to enlarge the petitioners on anticipatory bail in Neemchak Bathani P.S. Case No. 21 of 2002. Accordingly, the same is rejected.

The petitioners are directed to surrender in the court below within four weeks from the date of receipt / production of a

Patna High Court Cr.Misc. No.23383 of 2015 (2) dt.08-07-2015 2/2 copy of this order and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioners without being prejudiced by this order and after taking into consideration the materials available on record. (Prabhat Kumar Jha, J) Dilip/- U T