Awadhesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80211 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- ARIYARI District- Sheikhpura ====================================================== 1.
Awadhesh Yadav Son of Ram Balak Yadav Resident of Village - Rajaura, P.S.- Ariyari, District - Sheikhpura.
2.
Pawan Yadav Son of Ram Balak Yadav Resident of Village - Rajaura, P.S.- Ariyari, District - Sheikhpura.
3.
Ram Balak Yadav Son of Chalahan Yadav Resident of Village - Rajaura, P.S.- Ariyari, District - Sheikhpura.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are seeking anticipatory bail in connection with Ariyari P.S. Case No. 135 of 2019 registered under Sections 147, 148, 149, 341, 323, 307, 379 of the Indian Penal Code, pending in the court of learned S.D.J.M., Sheikhpura.
Learned counsel for the petitioners submits that as per F.I.R. the allegation of assault against these petitioners is of assaulting by means of Lathi upon Ramjee Yadav and the injury is simple in nature, however they have no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for
Patna High Court CR. MISC. No.80211 of 2019(2) dt.06-12-2019 2/2 anticipatory bail of the petitioners.
Considering the facts and circumstances of the case wherein it appears on perusal of the impugned order that paragraph 31 the injured has himself alleged that these petitioners had assaulted him by different means and weapons, this court is not inclined to grant them privilege of anticipatory bail.
Prayer for anticipatory bail of the petitioners is refused.
In case, petitioners surrender and prayer for regular bail in the court below within a period of four weeks from today, their prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T