Patna High CourtCR. MISC./18992/2016rejected

Arun Yadav v. The State Of Bihar

2016-08-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18992 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Arun Yadav, son of Kamta Yadav @ Tengari Yadav resident of villageKadawan, P.S.- Nokha, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nokha Police Station Case No. 02 of 2016, disclosing offences under Sections 147, 148, 341, 323, 307, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Allegedly, because of land dispute, the parties picked up some quarrel. It is alleged against the petitioner that he opened fire with his rifle, which hit the informant's nephew in his hand.

It appears from the injury report that fire-arm injury has been found on the right hand of the informant's

Patna High Court Cr.Misc. No.18992 of 2016 (6) dt.11-08-2016 2/2 nephew.

Considering the fact that there is direct allegation against the petitioner of having opened fire, which injured the informant's nephew, I am not inclined to grant the petitioner privilege of anticipatory bail. This application for anticipatory bail, is hereby, rejected.

The petitioner, Arun Yadav, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √