Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7232 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -CHAKAI District- JAMUI ====================================================== Karu Yadav, son of Late Radhe Yadav, resident of Village- Laha, P.S.- Simultalla, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Chakai P.S. Case No. 20 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Sections 3, 4 & 5 of the Explosive Substance Act. It has been submitted on behalf of the petitioner that name of the petitioner has transpired on the basis of confessional statement of co-accused and there is nothing against him and there is enmity between the parties from before.

Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner stating that under Section 164 Cr.P.C. statement one witness has named this petitioner also. Considering the fact that name of the petitioner has

Patna High Court Cr.Misc. No.7232 of 2017 (2) dt.22-02-2017 2/2 transpired in statement under Section 164 Cr.P.C. I am not inclined to grant anticipatory bail to the petitioner. However, petitioner should surrender and pray for regular bail, which shall be considered by the court below on its own merit without being prejudiced by this order.

With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U