Patna High CourtCR. MISC./31866/2024bail rejected

Bablu Yadav @ Bablu Kumar v. The State Of Bihar

2024-06-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31866 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Bablu Yadav @ Bablu Kumar Son of Ram Pravesh Yadav Resident of Village- Shahpur, P.S.- Salimpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Salimpur P.S. Case No. 234 of 2023 instituted for the offences under Sections 147, 148, 149, 307, 302 of Indian Penal Code.

3. The allegation against the petitioner along with others is of brutally assaulted uncle and brother of the informant due to which the brother of the informant died.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner has nothing to do with the said occurrence and has one criminal antecedent. Learned

Patna High Court CR. MISC. No. 31866 of 2024(3) dt.25-06-2024 2/2 counsel for the petitioner further submits that petitioner had no intention to kill the brother of the informant.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the FIR and there is specific allegation of assault upon the brother of the informant by means of sword is against him. Hence, the petitioner does not deserve anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and the fact that there is specific allegation of assault upon the informant's brother is against the petitioner due to which he died, this Court is not inclined to grant anticipatory bail to the petitioner.

7. The prayer is rejected.

8. However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the Court below on its own merit without being prejudiced by this order of rejection.

(Rudra Prakash Mishra, J) Arish/- U T