Nirmali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64104 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== 1.

Nirmali Yadav, Son of Baldeo Yadav Resident of Village - Guljaar, P.S.- Giriyak Dist.- Nalanda.

2.

Upendra Yadav Son of late Baso yadav Resident of Village - Guljaar, P.S.- Giriyak Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard leaned counsel for the petitioners and the leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Giriyak P.S. Case No. 261 of 2018, registered under Sections 307, 427 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of the A.C.J.M-I, Biharsharif, Nalanda.

The accusation is that on 10.07.2018, informant proceeded from his vehicle from Giriyak Block then four persons named in the F.I.R., including the petitioners, surrounded his vehicle. At that time, Sadan Yadav fired with pistol, which passed through glass of the vehicle and hit at

Patna High Court CR. MISC. No.64104 of 2019(2) dt.21-10-2019 2/2 his forehead. The petitioner No.2 fired on back in which he also sustained injury then informant told his driver to drive away his vehicle hastily, but in the meantime, several persons gathered there and informant was rushed for treatment. Learned counsel appearing on behalf of petitioners submits that the injuries as found on the person of informant are multiple tiny penetrating wounds and lacerated wound on both upper and lower lips caused by broken glasses and two injuries as found on the person of informant are said to be caused by hard and blunt substance.

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

(Rajendra Kumar Mishra, J) manish/- U T