Patna High CourtCR. MISC./13571/2018disposed

Bajrangi Yadav v. The State Of Bihar

2018-04-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13571 of 2018 Arising Out of PS.Case No. -299 Year- 2017 Thana -KIUL RAIL P.S. District- LAKHISARAI ======================================================

1. Bajrangi Yadav, Son of Shambhu Yadav, R/o Mohalla- Naya Tola, Lakhisarai, P.S.- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 The petitioner is apprehending his arrest in connection with Rail/Kiul P.S. Case No. 299/17 (G.R. No. - 8122/17), registered for offences punishable under Sections 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner that he along with two others fired on the informant causing injuries to him. It has been submitted on behalf of the petitioner that the informant in his restatement has stated that co-accused Babloo had fired on him. Further there was dispute between the parties with regard to Railway parking and petitioner has nothing to do with the alleged offence. It has also been submitted that the petitioner is a resident of other village and witnesses have also not supported the case of prosecution.

Patna High Court Cr.Misc. No.13571 of 2018 (2) dt.06-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather this application is disposed of with direction to the petitioner to surrender before the court below within a period of four weeks and pray for regular bail and if any such application is filed, the court below after considering the submission of learned counsel for the petitioner, shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court.

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