Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47798 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -ASARGANJ District- MUNGER ====================================================== Lalan Yadav son of Raj Kumar Yadav, resident of Village- Chorgawn, P.SAsarganj, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate For the Opposite Party/s : Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-01-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 147, 148, 149, 324 and 307 of the Indian Penal Code as also under Section 27 of the Arms Act.

Though, there is case and counter case vide Annexures 1 and 2 from both sides, but taking into consideration the fact that there is direct allegation of firing against the petitioner by fire arm, as a result of which one Kare Lal Yadav, nephew of the informant, sustained injury in his abdomen, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Asarganj P.S.Cas 49 of 2015 pending in the court of Sri Amit Kumar, Judicial Magistrate, Munger is rejected.

However, if the petitioner surrenders in the court below within a period of one month from today and seeks regular bail, then the same shall be considered and decided on its own merits without being prejudiced by the rejection of the prayer for

Patna High Court Cr.Misc. No.47798 of 2015 (3) dt.29-01-2016 2/2 grant of anticipatory bail by the present order. (Birendra Prasad Verma, J) Tahir/- U T