Rabindra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26856 of 2020 Arising Out of PS. Case No.-520 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== RABINDRA YADAV S/o Late Ram Din Gope Resident of Village-Misi, P.S.- Bakhtiarpur, District-Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Udit Narayan Singh, Advocate For the Opposite Party/s :
Mr.Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner, in the present case, is seeking pre-arrest bail in connection with Bakhtiyarpur P.S. Case No. 520 of 2018 registered for the offence under Section 341, 323, 324, 326, 307, 437/34 of the Indian Penal Code and 27 of the Arms Act, later on Section 302 I.P.C. was added, pending in the court of learned A.C.J.M. Barh, District - Patna.
As per prosecution story, the informant along with his brother were sitting at his Dalan situated in front of his house, the petitioner along with co-accused holding rifle and brick bats in their hand came at the Dalan of the informant, when the informant and his brother protested, thereafter Ravindra Yadav (the petitioner) fired from his rifle which hit the informant's brother, on seeing the persons of the locality
Patna High Court CR. MISC. No.26856 of 2020(3) dt.02-02-2021 2/2 coming, the accused persons fled away.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case wherein this petitioner is the sole assailant who has fired upon the deceased and fled away, this court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is, thus, refused.
In case, the petitioner surrenders and prays for regular bail within a period of four weeks from today, his prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this Court.
(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.