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[Cites 8, Cited by 1]

Patna High Court - Orders

Shyam Deo Yadav @ Shyam Deo @ Pramod Yadav ... vs The State Of Bihar on 6 October, 2016

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.38956 of 2016
                  Arising Out of PS.Case No. -121 Year- 2016 Thana -MAGADH MEDICAL COLLEGE District-
                                                            GAYA
                 ======================================================
                 1. Shyam Deo Yadav @ Shyam Deo @ Pramod Yadav @ Pramod Kumar
                 S/o Dev Narayan Yadav
                 2. Sonu Kumar @ Ranjeet S/o Shyam Dev Yadav @ Shyam Dev @ Pramod
                 Yadav @ Pramod Kumar Both residents of Village - Kashipura, P.S.
                 Magadh Medical, District - Gaya.

                                                                              .... ....   Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Lilawati Singh
                 For the Opposite Party/s   : Mr. Sri Binod Kumar 3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER

2   06-10-2016

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Magadh Medical P.S. Case No. 121 of 2016 registered under Sections 147, 148, 149, 323, 325, 501 and 307/302 of the Indian Penal Code pending in the Court of C.J.M., Gaya.

The accusation is that Binod Kumar, Dev Narayan Yadav, Ranju Devi and the petitioners armed with iron rod and lathi came at the house of the informant and forbade to Krishna Yadav to open the door when he made protest then Binod Kumar gave iron rod blow at the head of Krishna Yadav, causing blood Patna High Court Cr.Misc. No.38956 of 2016 (2) dt.06-10-2016 2/2 oozing injury. In the meantime, petitioner Shyamdev Yadav also caused injury through iron rod and petitioner Sonu Kumar caused injury through lathi, who died later on in the way to Magadh Medical College, Gaya.

Learned counsel appearing on behalf of the petitioners submits that there is specific allegation against co- accused Binod Kumar to give iron rod blow at the head of the deceased Krishna Yadav, brother of the informant, with general allegation against the petitioners to cause injury.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioners for anticipatory bail. Accordingly, this application is rejected.

However, petitioners are directed to surrender before the Court below and pray for regular bail.

(Rajendra Kumar Mishra, J) Shail/-

  U          T