Madhu Shyam Yadav @ Madhur Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6282 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -SALKHUA District- SAHARSA ====================================================== Madhu Shyam Yadav @ Madhur Shyam Yadav, Son of Kripal Yadav, resident of Village - Mali, P.S.- Beldour, District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2017 The petitioner is apprehending his arrest in connection with Salkhua (Banma Itahari O.P.) P.S. Case No. 133 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 354, 307, 448, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that there is contradiction between the F.I.R and the impugned order with regard to nature of injury, which itself goes to show the falsity of entire prosecution story. Petitioner has been falsely implicated in this case due to land dispute between the parties and petitioner has nothing to do with the alleged occurrence.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is direct allegation against this petitioner of firing on the informant

Patna High Court Cr.Misc. No.6282 of 2017 (2) dt.21-02-2017 2/2 causing injuries in hand, I am not inclined to grant the petitioner the privilege of anticipatory bail, it is accordingly rejected. However if the petitioner surrenders before the Court below and pray for regular bail, his application shall be considered by the Court below on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T