Pitambar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32730 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -ARIYARI District- SEKHPURA ======================================================

1. Pitambar Yadav S/o Kashi Yadav, R/o Vill.- Dalhar, P.S.- Ariari, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ariari P.S. Case No. 86 of 2016, registered for the offences punishable under Sections 302, 307 and 504/34 of the Indian Penal Code.

Allegation against the petitioner is of assault by Khanti and the deceased died due to that.

Submission of learned counsel for the petitioner is that there is no repetition of khanti blow and he has been falsely implicated in this case.

Heard learned A.P.P. also.

In view of the direct allegation against the petitioner and the case is under Section 302 of I.P.C. this is not a fit case for

Patna High Court Cr.Misc. No.32730 of 2018 (2) dt.28-06-2018 2/2 anticipatory bail. Hence, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.

However, petitioner may surrender before the court below and pray for regular bail who shall consider and pass speaking order on its own merit without being prejudiced by this order.

With the aforesaid observation this application is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U