Dismissed

Vishu Yadav v. The State of Bihar

Patna HC25 Feb 2020CR. MISC./1335/2020

Case brief

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What is this about?

The Patna High Court dismissed the petitioners' plea for anticipatory bail in a criminal case involving affray and grievous injuries. The court directed them to surrender within six weeks to seek regular bail, noting a counter-case exists where petitioners also sustained injuries.

What did the court decide?

Prayer for anticipatory bail rejected; direction to surrender within six weeks to seek regular bail.

Vishu Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1335 of 2020

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Arising Out of PS. Case No.-36 Year-2019 Thana- SIMULTALLA District- Jamui

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Vishu Yadav Son of Late Puran Yadav

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Raju Yadav Son of Late Puran Yadav

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Waso Yadav Son of Late Puran Yadav

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Suresh Yadav Son of Waso Yadav All Resident of Village - Gauribahiyan, P.S.- Simuitala, District- Jamui

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Parmod Mahto @ Pramod Kumar @ Gorelal Mahto @ Gorelal Mandal Son of Thakur Mahto

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Bhairo Mahto Son of Late Faudi Mahto

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Thakur Mahto Son of Late Faudi Mahto

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Umesh Mahto @ Umesh Kushwaha Son of Late Faudi Mahto

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Santosh Mahto Son of Late Faudi Mahto

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Vinod Mahto Son of Thakur Mahto

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Pradeep Mahto @ Pradeep Kumar Son of Bhairo Mahto

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Vikram Mahto @ Vikram Kumar Son of Bhairo Mahto

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Uchit Mahto @ Uchit Kumar Son of Santosh Mahto

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Tripurari Mahto @ Tripurari Kumar Son of Umesh Mahto All Resident of Village - Gadi Telwa, P.S.- Simutalla, District- Jamui

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Pankaj Kumar Sinha For the Opposite Party/s : Mr.Ram Anurag Singh

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====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA

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ORAL ORDER

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2 25-02-2020 Heard learned counsel for the petitioners as well as

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learned Additional Public Prosecutor for the State.

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Petitioners apprehend their arrest in connection with Simultalla P.S. Case No. 36/2019 registered for the offences

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punishable under Sections 147,148, 149,341, 377, 307, 379, 504

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and 506/34 of the Indian Penal Code and 27 of the Arms Act.

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Patna High Court CR. MISC. No.1335 of 2020(2) dt.25-02-2020 2/2

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Petitioners are named in the first information report with specific allegation that they participated in assaulting the informant and others. The impugned order goes to show that altogether six persons sustained injuries and some of the injured received grievous injuries. However, it is informed that there is counter case and the some persons of the side of the petitioners also sustained grievous injuries.

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Regard being had to the above stated facts as well as submissions of the parties, I am not inclined to grant privilege of anticipatory bail to the petitioners and, accordingly, their prayer for anticipatory bail stands rejected.

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However, petitioners are directed to surrender before the court below within six weeks from today and if they do so and seek regular bail, the concerned court shall consider the regular bail petition of the petitioners on its own merit without being prejudiced by this order, particularly, keeping in mind that a counter case has been lodged against the prosecution party and some persons of the side of the petitioners had also sustained injuries in the alleged occurrence.

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(Hemant Kumar Srivastava, J)

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Spd/-

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U T

Vishu Yadav v. The State of Bihar

Case brief

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Vishu Yadav v. The State of Bihar

Case brief

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