Dharambir @ Uday Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.47321 of 2015 (2) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47321 of 2015 Arising Out of PS.Case No. -212 Year- 2014 Thana -AKBARPUR District- NAWADA ====================================================== Dharambir @ Uday Yadav, Son of Bhola Yadav, Resident of village - Paijana, Police Station - Akbarpur, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari, Advocate. For the Opposite Party/s : Mr. Manish Kr. 2(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Akbarpur P.S. Case No. 212 of 2014 registered under Sections 147, 148, 149, 341, 323, 324, 307 and 342 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of Chief Judicial Magistrate, Nawada.

The accusation is that informant along with others was coming to his house with diesel engine, which was in the water. In the way, petitioner and 12 others armed with deadly weapon surrounded the informant and other, on the order of Bhola Yadav, this petitioner shot fire at the right arm of the informant through country made rifle. Cause of action is said to be previous enmity

Patna High Court Cr.Misc. No.47321 of 2015 (2) dt.04-02-2016 and land dispute.

Learned counsel for the petitioner submits only two injuries were found on the person of the informant, Suresh Yadav, in which, one sharp cut wound on right nontopalietal on the head and other forearm empty wound found on right arm, but both injuries are simple in nature.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T