Patna High CourtCR. MISC./13110/2018dismissed

Lucky Yadav v. The State Of Bihar

2018-04-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13110 of 2018 Arising Out of PS.Case No. -273 Year- 2017 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Lucky Yadav, Son of Sri Herdeo Singh, R/o Mohl- Buxar, 117, Ward No.- 6, P.S.- Buxar, Distt.- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Buxar (Muffasil) P.S.Case no.273/2017 registered for offences punishable under Sections 307/34 of the Indian Penal Code. Allegation against the petitioner as per FIR is against Manoj Yadav of making firing on the informant and the petitioner was sitting on the motorcycle and the prosecution case further shows that earlier the informant had hot altercation between Manoj Yadav and the petitioner.

Submission of the learned counsel for the petitioner is that there is no allegation against the petitioner of firing and furthermore the petitioner was eye witness in the sessions trial of murder of Manmohan Singh who is full brother of Manoj Yadav.

Patna High Court Cr.Misc. No.13110 of 2018 (2) dt.04-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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