Patna High CourtCR. MISC./68563/2019dismissed

Moni Yadav v. The State Of Bihar

2019-10-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68563 of 2019 Arising Out of PS. Case No.-680 Year-2013 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

MONI YADAV S/o Sri Bouka Yadav R/o Village- Koyla Ghat, P.S.- Adampur, District- Bhagalpur 2.

Gore Yadav @ Pankaj Yadav @ Gouri Yadav @ Goru S/o Late Nathu Yadav R/o village- Koyla Ghat, P.S.- Adampur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Kotwali (Adampur) PS Case No.680/13 dated 12.11.2013 registered for offences punishable under Sections 341, 323, 324, 307, 379/34 of the Indian Penal Code.

As per the learned counsel for the petitioners, earlier the case was filed under Section 307 and other Sections of the IPC but the charge-sheet has been submitted in bailable section, as such the petitioners were released on bail under Section 41(A) of the Cr.P.C. but later on the cognizance has been taken by the learned Magistrate.

Heard learned A.P.P. also.

Patna High Court CR. MISC. No.68563 of 2019(2) dt.25-10-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners and if he surrenders before the learned court below and make prayer for regular bail, the same shall be considered on the basis of submission that they were on police bail and they have not misused the privilege of the same and considering the same, the prayer for bail of the petitioners shall be disposed of, if possible on the same day.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T