Hirday Yadav @ Gurudeo Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37167 of 2018 Arising Out of PS. Case No.-813 Year-2017 Thana- KHAGARIA District- Khagaria ======================================================
1. Hirday Yadav @ Gurudeo Kumar,
2. Shekhar Yadav Both Sons Late Chhote Lal Yadav, R/o Vill.- Baluahi, P.S. & District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Khagaria P.S. Case No. 813 of 2017 registered for offences under sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
There is a case and counter case from both side. Learned counsel for the petitioners very fairly submits that the petitioners had appeared before the court below and filed application for regular bail but, later on, they withdraw the same.
The moment the petitioners presented themselves
Patna High Court Cr.Misc. No.37167 of 2018(2) dt.03-07-2018 2/2 in the court below, it is very difficult for this Court to consider the maintainability of the present case.
This Court does not find any merit in the present case. Accordingly, the prayer for anticipatory bail of the petitioners, above named, is rejected.
If the petitioners surrender before the court below within a period of three weeks from today and pray for bail, the court below will consider the same and pass orders on merit on the same day of their appearance without being prejudiced by this order.
Accordingly, this petition is dismissed as withdrawn.
(Shivaji Pandey, J) rishi/- U T