Patna High CourtCR. MISC./76410/2019bail rejected

Kamlesh Kumar @ Kamlesh Yadav v. The State Of Bihar

2019-11-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76410 of 2019 Arising Out of PS. Case No.-63 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

KAMLESH KUMAR @ KAMLESH YADAV Son of Mahendra Yadav 2.

Umesh Kumar @ Umesh Yadav Son of Mahendra Yadav 3.

Bimlesh Kumar @ Bimlesh Yadav Son of Mahendra Yadav 4.

Lalan Yadav Son of Late Vasu Yadav @ Vasudeo Yadav 5.

Vikash Kumar @ Vikash Yadav Son of Lalan Yadav all Resident of Village - Bokanari, P.S.- Paraiya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 353 of the Indian Penal Code.

Prosecution case is that informant who is SHO of Paraiya police station on 27.04.2019 for the recovery of victim of Pariya P.S. Case No. 62/19 along with police force raided Boknari village from where the victim was recovered. In the meantime, accused persons armed with deadly weapons attacked the police party and in the incident the informant and

Patna High Court CR. MISC. No.76410 of 2019(2) dt.27-11-2019 2/2 two home guard men got injured badly.

Considering the nature of allegation, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their payer for anticipatory bail is rejected in connection with Paraiya P.S. Case No. 63 of 2019 pending before the court of the learned A.C.J.M. III, Gaya.

Accordingly, the application is dismissed. However, petitioners are directed to surrender before the court below and prayer for regular bail. The learned court below is directed to consider the bail application of the petitioners on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T