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Patna High CourtCR. MISC./36200/2016rejected

Birendra Yadav v. The State Of Bihar

2016-11-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36200 of 2016 Arising Out of PS.Case No. -5 Year- 2015 Thana -MAHKAR District- GAYA ====================================================== Birendra Yadav, son of Bakhori Yadav, resident of Village- Nadra, P.S.- Mahkar, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Jitendra Pandey, Adv. For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both sides.

The petitioner apprehends his arrest in Mahkar P.S. Case No. 05/2015, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged that petitioner and other accused persons came and objected while he was constructing the house on his land. On the order of Bakhori Yadav and Sahvir Yadav, the petitioner Birendra Yadav is alleged to have fired which hit on the left thigh of the informant.

Learned counsel for the petitioner submits that there is counter version being Mahkar P.S. Case No. 04/2015 in which Krishna Vallabh Yadav (informant) and others got injuries. The

Patna High Court Cr.Misc. No.36200 of 2016 (4) dt.08-11-2016 2/2 petitioner got injuries on his head on account of assault made by Viplar Kumar. Shyam Yadav is said to have fired which hit on the leg of Vinay Yadav. Injuries are simple in nature. Other accused persons have already been granted anticipatory bail. Of course, there is case and counter case, but there is allegation that the petitioner fired in which the informant got fire-arm injury on his thigh.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T