Surendra Yadav @ Suren Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32538 of 2023 Arising Out of PS. Case No.-62 Year-2021 Thana- KHAIRA District- Jamui ====================================================== Surendra Yadav @ Suren Yadav S/O Patru Yadav Resident Of VillageJagarnathdih, P.S.- Khaira, District- Jamui. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Khaira P.S. Case No.62 of 2021, registered for the offence punishable u/s 307, 504, 34 of IPC and 27 of Arms Act. 3.

Allegedly, petitioner along with other co-accused persons came to the informant, petitioner took out his revolver and fired upon the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to village politics. On perusal of the FIR, it appears that petitioner open fired in the air and no one has sustained any bullet injury. It is further submitted that other co-accused persons have been

Patna High Court CR. MISC. No.32538 of 2023(4) dt.09-12-2024 2/2 granted anticipatory bail by the learned court below. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation of firing upon the informant against the petitioner.

6.

Considering the aforesaid facts and circumstances and the fact that there is specific overt act attributed against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) priyanka/- U T