Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46424 of 2014 Arising Out of PS.Case No. -102 Year- 2005 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Umesh Yadav Son of Asharfi Yadav, Resident of Village- Pirparpati, P.S. Ramgarhwa, District- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Adya Singh, Adv. For the Opposite Party/s : Mr. R.N.Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in connection with Ramgarhwa P.S. Case No. 102 of 2005 registered for the offences punishable under sections 302 and 364 read with 34 of the Indian Penal Code. The petitioner is one of the named accused of the case.
It has been contended that though the petitioner is named in the F.I.R. but in course of investigation no material has transpired against him. His name has been given in the F.I.R. only on the basis of suspicion, and in course of investigation, the informant has already filed an application before the Investigating Officer that the petitioner is not involved in the offence.
Patna High Court Cr.Misc. No.46424 of 2014 (2) dt.10-04-2015 2/2 Be that as it may, regard being had to the gravity of offence and the serious nature of allegation made against the petitioner in the F.I.R., I am not inclined to grant anticipatory bail to the petitioner after ten years of institution of the F.I.R. Accordingly, the application for anticipatory bail is rejected. However, in case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J) Pradeep/- U T