Sudish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62497 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

SUDISH YADAV S/o Rishimuni Yadav R/o Village- Jagati Jamuniya, P.S.- Kotwa, District- East Champaran.

2.

Raju Yadav @ Raju Kumar Yadav S/o Bhagelu Yadav R/o Village- Jagati Jamuniya, P.S.- Kotwa, District- East Champaran. 3.

Bhusan Yadav Son of Rajendra Rai R/o Village- Sisham Khadar, P.S.- Kalyanpur, District- East Champaran.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Abhishek Kumar, Advocate.

For the State :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dumariyaghat P.S. Case No.96 of 2019 registered under Section 393 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Motihari, East Champaran.

The accusation is that the informant Sandeep Kumar along with the co-driver Arun Kumar was coming to his village driving the truck bearing Registration No.UP 11BT-3068. When the truck reached near Piprakothi, a white colour Bholero vehicle baring Registration No.BR05M-81881 overtook his truck and tried to stop.

Patna High Court CR. MISC. No.62497 of 2019(2) dt.17-10-2019 2/2 When the informant did not stop the truck, then they damaged the glass of the truck by pelting stone upon which the informant stopped his truck. Thereafter, four persons after getting down from the Bolero vehicle and pointing the weapons started to try the snatch the money from the informant. In the meantime, a police vehicle was seen coming from another direction, then they started to flee away but one was apprehended, who disclosed his name Vikash Yadav, the driver of the Bolero vehicle, and also disclosed the name of the petitioners, who succeeded to flee away.

Learned counsel appearing on behalf of the petitioners submits that due to the driving by the informant on the wrong direction, the present occurrence took place. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T