IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B. A. No. 3080 of 2011
1. Pradeep Yadav @ Pradeep Pd. Yadav
2. Indradeo Prasad Yadav @ Indrderdeo Prasad Yadav
3. Chito Mahto............... petitioners
Versus
The State of Jharkhand............Opposite party.
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CORAM: HON'BLE MR. JUSTICE D. N. UPADHYAY
For the Petitioners : Mr. Deepak Kumar, Adv.
For the State : APP
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2/18.10.2011
The petitioners are accused in connection with Satgawan P. S.
Case No. 33 of 2011 (G. R. No. 330 of 2011), registered under Sections
147, 148, 149, 448, 323, 324, 307, 379 and 506 of the Indian Penal Code
, pending in the Court of Chief Judicial Magistrate, Koderma.
It is alleged in the written report that the petitioners with their
associates after forming an unlawful assembly armed with deadly
weapon caused assault to informant and his companion with an intention
to kill them.
It is submitted that the injuries caused have been found of simple
in nature caused by hard and blunt substance. No case under Section
307 I. P. C. is made out and the instant case is the counter blast of
Satgawan P. S. Case No. 32 of 2011.
Learned counsel for the State has opposed the prayer for
anticipatory bail of the petitioners.
Considering the manner of occurrence and the allegation levelled
against the petitioners, I do not find it a fit case to grant anticipatory bail
to the petitioners under Section 438(2) of the Cr. P. C. Consequently, the
prayer for anticipatory bail of the petitioners is rejected. The petitioners
are directed to surrender before the court below within a period of one
month from today for seeking regular bail and on such surrender, the
prayer for regular bail may be considered in the facts and circumstances
of the case without being prejudiced by this order.
( D. N. Upadhyay,J.)
jk/