Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34955 of 2021 Arising Out of PS. Case No.-554 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== MANISH YADAV Son of Bishundeo Yadav Resident of Village- Ghorghatta, P.S.- Bahadurpur, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that on 06.01.2020 while the brother of the informant, namely, Mahesh Yadav had returning back to his home from general store shop, then all the accused persons including the petitioner surrounded him and shot dead by fire arms.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Learned APP appearing for the State after perusing

Patna High Court CR. MISC. No.34955 of 2021(4) dt.21-06-2022 2/2 the case diary has opposed the prayer for anticipatory bail and submitted that the informant in his re-statement in para no.5 of the case diary, witness Binod Yadav, in para no.6 witness Rajesh Raj, in para no.17 witness Manoj Yadav have fully supported the case of the prosecution case and seen the accused persons after commission of the murder and fled away from the the place of occurrence and the postmortem report vide para-51 that the cause of death was by fire arm.

In view of the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U