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Patna High CourtCR. MISC./66211/2018rejected

Abhai Yadav @ Abhay Yadav And ANR v. The State Of Bihar

2018-12-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66211 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- SAUR BAZAR District- Saharsa ======================================================

1. Abhai Yadav @ Abhay Yadav, Son of Late Bhagwat Yadav, Resident of Village- Bhagwanpur P.O. Samda, P.S.- Sour Bazar, District- Saharsa.

2. Lalan Yadav, Son of Late Khushi Lal Yadav, resident of Village Bhagwanpur, P.O.- Samda, P.S.- Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 It is relevant to mention here that anticipatory bail application of petitioner No. 2, namely, Lalan Yadav, has already been dismissed as withdrawn vide order dated 13.12.2018.

Heard learned counsel for the petitioner No. 1 as well as learned Additional Public Prosecutor for the State. Petitioner No. 1 apprehends his arrest in connection with Sour Bazar P.S. Case No. 109 of 2018 registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 384, 504, 506 and 34 of the Indian Penal Code. Taking into consideration that there is specific allegation of assault against the petitioner No. 1, I am not

Patna High Court Cr.Misc. No.66211 of 2018(3) dt.17-12-2018 2/2 inclined to extend the privilege of anticipatory bail to him. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

Further, it is made clear that this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) Spd/- U T