Surendra Yadav @ Pather Mistry v. The State Of Bihar

Patna High Court Cr.Misc. No.32176 of 2016 (5) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32176 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -FATUHA District- PATNA ====================================================== Surendra Yadav @ Pather Mistry Son of Late Mahabir Singh resident of Surangapur, P.S. Fatuha, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha For the Opposite Party/s : Mr. Sri Mujtabaul Haque ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Fatuha P.S. Case No. 24 of 2016 for the offences registered under Sections 302, 120(B)/34 of the Indian Penal Code. Diary in the present case was called for, which has since been received.

The post mortem report which was subsequently also requisitioned has been received in this court and clearly shows that the victim had suffered gun shot injuries. The allegation against the petitioner is that after one of the accused persons fired at the deceased, the petitioner again instigated the others to fire as many as injuries so that he could not survive.

Patna High Court Cr.Misc. No.32176 of 2016 (5) dt.23-12-2016 In view of the specific role played by the petitioner, I am not inclined to grant anticipatory bail to the petitioner. It is accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T