Patna High CourtCR. MISC./20962/2017rejected

Lavkush Yadav @ Lovkush K. Yadav And ORS v. The State Of Bihar

2017-07-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20962 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ======================================================

1. LAVKUSH YADAV @ LOVKUSH K. YADAV, Son of Prakash Yadav.

2. Pawan Yadav, Son of Jagnarayan Yadav.

3. Teju Yadav, Son of Indra Yadav.

4. Manoj Yadav, Son of Mahendra Yadav, All residents of VillageMadhuban Tola, Police Station- Pirpainty, District- Bhagalpur.

5. Saryu Yadav, @ Sarjug Yadav, Son of Late Babloo Yadav, residents of Village- Madhuban Diyara, Police Station- Pirpainty (Bakharpur), DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in Pirpainty P.S. Case No.28 of 2017 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation, the informant along with his cousin brother, namely, Amit Kumar alias Bittu and uncle Vinod Yadav proceeded on a motorcycle to Madhuban Diyara to see their maize field. Santosh Yadav alias Bauka Yadav deceased

Patna High Court Cr.Misc. No.20962 of 2017 (2) dt.07-07-2017 accompanied them on another motorcycle. They crossed Bairiya Ghat Margang and reached at their field. Santosh Yadav deceased loaded maize plants on his motorcycle and returned for his house at 11.30 A.M. Accused persons including the petitioner started indiscriminate firing upon Santosh Kumar Yadav who after receiving injury fell down. In the meantime co-accused Nilesh Yadav and Rajesh Yadav fired on the head of the deceased with their country made pistol. The informant raised alarm upon which petitioner nos. 4 and 5 fired upon the informant and others Santosh Yadav died and thereafter accused persons fled away In such view of the matter, this Court is not inclined to enlarge the petitioners on anticipatory bail. Accordingly the prayer for bail is rejected.

(Shivaji Pandey, J) Vinay/- U T