Pramod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48036 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Pramod Yadav, Son of Rajendra Yadav,

2. Rajendra Yadav, Son of Late Choudhary Yadav,

3. Ramnandan Kumar, Son of Ram Pravesh Yadav,

4. Ranvir Kumar @ Ranveer Yadav, Son of Ram Pravesh Yadav, All are resident of Village- Dih Per Ward No.3, P.S.- Birpur, District- Begusarai. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Smt. Sudha Ambastha For the Opposite Party : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 307/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons assaulted the informant and his family members by different weapons causing injury to them.

It has been submitted on behalf of the petitioners that the petitioners have no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The allegation of causing grievous injury is against the petitioner No. 1 & Chandan Yadav. So far rest petitioners are concerned, general

Patna High Court Cr.Misc. No.48036 of 2018 (3) dt.05-10-2018 and omnibus allegation has been made against them. On behalf of the State and the informant, it is submitted that there is specific allegation against the petitioner No. 1 of causing grievous injury.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner No. 1. Accordingly, prayer for anticipatory bail of the petitioner No. 1 is rejected.

If the petitioner No. 1 surrenders in the court below, the same shall be considered on its own merit without being prejudiced by this order.

So far petitioner Nos. 2, 3 & 4 named above are concerned, in the event of arrest/surrender before the learned court below within a period of six weeks from today, they are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Birpur P.S. Case No. 37 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T