Patna High Court - Orders
Lal Bahadur Yadav & Ors vs The State Of Bihar on 30 June, 2015
Author: Kishore Kumar Mandal
Bench: Kishore Kumar Mandal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50451 of 2014
Arising Out of PS.Case No. -43 Year- 2014 Thana -PASRAHA District- KHAGARIA
======================================================
1. Lal Bahadur Yadav S/o Paras Yadav
2. Pintu Yadav S/o Lal Bahadur Yadav
3. Belo Yadav, S/o Barun Yadav, all resident of village- Basua, P.S.-
Pasraha, District- Khagaria
.... .... Petitioners
Versus
1. The State of Bihar
.... .... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Manish Jha
For the Opposite Party : Mr. Parmanand Kumar (App)
======================================================
CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR
MANDAL
ORAL ORDER
3 30-06-2015Heard both sides.
The three petitioners herein have been cited as accuseds in Pasraha P.S. case no. 43 of 2014, registered under Sections 341,323,324 307, 379, 504/34 of the IPC. Apprehending their arrest in connection therewith they have filed the present application.
While the son of the informant was coming back home, it is alleged that the three petitioners herein intercepted and assaulted him with the butt of the country made pistol on head. They snatched the cycle and wrist watch of the son of the informant. A rope was tied around his neck and he was dragged to the nearby maize field. On hearing sound of some persons the Patna High Court Cr.Misc. No.50451 of 2014 (3) dt.30-06-2015 2/2 accused persons escaped.
Contention of the petitioners is that there is general and omnibus allegation. No one has actually seen the occurrence. Owing to land dispute the case has been lodged.The petitioners do not carry any criminal antecedent.
Learned APP for the State points out that the doctor found ligature mark on the neck of the victim. The name of the petitioners surfaced as accuseds soon after the occurrence when the witnesses arrived at the scene.
Considering the allegations and the materials available on the record and also the impugned order petitioners do not deserve anticipatory bail. Prayer for bail is rejected.
Petitioners may surrender and pray for regular bail before the learned Court below. In that event the Court below shall consider and dispose of the same on its own merit and pass appropriate orders uninfluenced by the present order.
(Kishore Kumar Mandal, J) Shyam/-
U T