Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74325 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- ASANWA District- Siwan ====================================================== 1.

RAJU YADAV Son of Kailash Yadav Resident of Village - Trikalpur, P.S.- Asoan, Distt - Siwan.

2.

Shankar Yadav @ Shankar Yadow Son of Kailash Yadav Resident of Village - Trikalpur, P.S.- Asoan, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2021 Heard learned counsel for the petitioners and the State through virtual mode.

The petitioners are apprehending their arrest in Asaon P.S. Case No. 78 of 2019 registered under Sections 341, 323, 342, 307, 302/34 of the Indian Penal Code.

Allegedly, in the backdrop of flowing four latrine water dispute arose and in consequence thereof, the accused persons assaulted the informant, his brother and mother. It is further alleged that the informant, his brother and mother sustained grievous injury and in course of treatment, the informant's mother succumbed to the injuries.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.74325 of 2019(3) dt.06-09-2021 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State and the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Six entry wounds were found on the body of the deceased. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, prayer for anticipatory bail to the petitioners is rejected.

If the petitioners surrender before the court below and seek regular bail, the same shall be considered on its own merit without being prejudiced by this order taking into account that the other co-accused have been granted regular bail. (Sudhir Singh, J) A.K.V.//- U T