Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22249 of 2018 Arising Out of PS.Case No. -614 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Kailash Yadav S/o Late Govind Yadav, R/o Vill.- Dauna, P.S.- Sajour, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Amarpur P.S.Case No. 614 of 2017 registered under Sections 307/34 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Considering direct and specific allegation made in the FIR against the petitioner that he opened fire causing injury in the abdomen of the informant as a result of which he succumbed and the doctor, who conducted the post-mortem examination, found fire arm ante mortem injury on the person of the deceased, I am not inclined to grant him pre-arrest bail even though it has been argued before me that there is land dispute between the

Patna High Court Cr.Misc. No.22249 of 2018 (2) dt.26-04-2018 2/2 parties and the informant could not have given any statement before the police in case he would have sustained injuries in his abdomen.

Accordingly the application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J) Pradeep/- U T