Patna High CourtCR. MISC./43254/2016rejected

Sonelal Yadav And ORS v. The State Of Bihar

2016-10-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43254 of 2016 Arising Out of PS.Case No. -461 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Sonelal Yadav, Son of Misrilal Yadav

2. Arvind Yadav, Son of Mishrilal Yadav

3. Indal Yadav, Son of Mishrilal Yadav All residents of Village - Sahuriya Purvi, P.S. - Sour Bazar, District Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.Binod Kumar Sinha, Adv. Mr. Ashok Kumar, Adv.

For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-10-2016 Heard.

The petitioners, 3 in number, apprehend their arrest in a criminal prosecution registered under Sections 307, 324, 379 and some other allied offences under the Indian Penal Code. Taking into consideration the fact that the petitioner no.3 is alleged to have assaulted the son of the informant by Dabiya on his head, the petitioner no.1 is alleged to have assaulted by Kulhari and the petitioner no.2 is alleged to have assaulted by Lathi and all of them have actively participated in assaulting to the injured person as a result of which he sustained injuries on his person, this Court is not inclined to accede to the prayer for grant of anticipatory bail to the petitioners. Accordingly, their prayer for anticipatory bail in connection with Sour Bazar P.S. Case No.461 of 2014 pending in the court of learned Chief Judicial Magistrate, Saharsa is hereby rejected.

Patna High Court Cr.Misc. No.43254 of 2016 (2) dt.06-10-2016 However, if the petitioners surrender in the court below within a period of four weeks from today and apply for regular bail, then the same shall be considered and decided on its own merits, without being prejudiced by the present order. (Birendra Prasad Verma, J) Arvind/- U T