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Patna High CourtCR. MISC./15005/2019bail rejected

Nageshwar Yadav v. The State Of Bihar

2019-03-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15005 of 2019 Arising Out of PS. Case No.-88 Year-2015 Thana- AMAS District- Gaya ====================================================== Nageshwar Yadav, aged about 51 years, Gender-Male, S/o Ramchandra Yadav Resident of Village- Somar Bigha (Ratanua), P.S.- Madanpur, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Amas P.S. Case No. 88 of 2015 registered for offences under sections U/s 307, 353, 121(A), 129(A), 427, 435, 283, 120(B), 147, 148, 149 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 of the Damage of Public Property Act.

In the present case, an allegation has been made of exchange of fire with police. While retaliating, they were using their names and, on that account, the police could know the person involved in the said exchange of fire. The petitioner has criminal antecedent.

Patna High Court CR. MISC. No.15005 of 2019(2) dt.12-03-2019 2/2 Looking to the nature of allegation as also the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and prays for bail, the court below, without being prejudiced by this order, will take decision in accordance with law.

(Shivaji Pandey, J) rishi/- U T