Patna High CourtCR. MISC./28687/2023dismissed

Manu Yadav @ Kumar Shivam @ Shivam Kumar v. The State Of Bihar

2023-07-14Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28687 of 2023 Arising Out of PS. Case No.-322 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== MANU YADAV @ KUMAR SHIVAM @ SHIVAM KUMAR Son of Mahendra Yadav @ Mahendra Prasad Resident of Village - Dhanauja, P.S.- Phulparas, District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Phulparas P.S. Case No.- 322 of 2022 registered for the offences punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code and under Section 27 of the Arms Act. He has got two criminal antecedents.

3. Learned counsel for the petitioner submits that on 02.07.2022 the petitioner along with other accused persons surrounded the informant's son and stabbed him. Later on, when the informant's son was going to Darbhanga for better treatment then accused persons namely Mannu Kumar and Mahendra Yadav along with some other persons assaulted her son with gun, iron rod and lathi. They fired on him with gun and snatched

Patna High Court CR. MISC. No.28687 of 2023(2) dt.14-07-2023 2/2 his gold chain.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case, wherein there is specific allegation that this petitioner had stabbed the son of the informant and that he has got two criminal antecedents as well, this Court is not inclined to grant him privilege of anticipatory bail, in case, the petitioner surrenders and prays for a regular bail within a period of four weeks from today in the learned court below, his prayer shall be considered on its own merit.

7. Prayer is refused.

8. This application stands rejected.

(Rajeev Ranjan Prasad, J) tusharika/- U T