Pramod Yadav @ Patmod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80736 of 2018 Arising Out of PS. Case No.-972 Year-2017 Thana- BIHTA District- Patna ====================================================== Pramod Yadav @ Patmod Yadav, S/o- Raja Yadav @ Raja Singh Yadav, Resident of Village - Dilawarpur, P.S.- Bihta, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bihta P.S. Case No. 972 of 2017, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 326, 307 and 504 of the Indian Penal Code and under Section 27 of the Arms Act.

As per the F.I.R. the dispute arose on account of lifting of sand and on that account, altercation took place between the parties. Allegation has been made against the petitioner that he had handed over the pistol to Dhananjay Yadav, who started indiscriminate firing, as a result of which, one Amod Yadav and Arbind Yadav sustained injury.

Patna High Court Cr.Misc. No.80736 of 2018(2) dt.28-01-2019 2/2 Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court and also considering the fact that other accused persons have been granted bail by the Court below.

(Shivaji Pandey, J) pawan/- U T