Nitish Yadav @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63866 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== 1.

Nitish Yadav @ Nitish Kumar, 2.

Mouli Yadav, Both Sons of Awadhesh Yadav, all Resident of Village- Chanda, P.S.- Athamalgola, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neeraj Kumar @Sanidh, Adv.

Mr.Subesh Sharma, Adv.

Ms. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Athamalgola P.S. Case No.216 of 2018 registered for the offences punishable under Sections 147, 148, 341, 323, 379, 307, 504, 506, 337, 338 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that there are general and omnibus allegations against the petitioners.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.63866 of 2019(3) dt.06-12-2019 2/2 the prayer for anticipatory bail of the petitioners. Considering the facts and circumstances of the case wherein there is a direct allegation of firing on the neck of the informant against the petitioners and further that they have got one case each on their head of similar nature, I am not inclined to grant privilege of anticipatory bail to the petitioners. This application is dismissed.

In case the petitioners surrender and pray for regular bail in the court below within a period of four weeks from today, their prayer for regular bail shall be considered on their own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T