Patna High CourtCR. MISC./41398/2016rejected

Doman Yadav v. The State Of Bihar

2016-11-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41398 of 2016 Arising Out of PS.Case No. -273 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Doman Yadav son of Late Lanku Yadav Resident of Village-Baswan Bigha, Police Station-Bihar Sharif, District-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranvijay Singh For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-11-2016 Heard both sides.

The petitioner apprehends his arrest in Bihar P.S. Case No. 273/2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that he had constructed a house over his land but the petitioner and other accused persons came and demolished the boundary wall of his house and demanded Rs. 5,00,000/- as extortion.

Learned counsel for the petitioner submits that the informant himself constructed a boundary wall over the public road and that is why the occurrence took place. Other accused persons have already been granted anticipatory bail but the prayer

Patna High Court Cr.Misc. No.41398 of 2016 (2) dt.18-11-2016 2/2 for anticipatory bail of the petitioner was rejected on the ground that he has got criminal antecedent.

It appears that the case of the petitioner is similar to that of other accused but petitioner has got criminal antecedent and as many as three criminal cases including cases under Section 307 IPC and Arms Act are pending against him. That is why, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner, so advised, surrenders in the court below within four weeks the court below shall consider the regular bail petition of the petitioner taking into consideration that similarly situated persons have been granted anticipatory bail and dispose the bail petition of the petitioner on the same day. (Prabhat Kumar Jha, J.) Rakhi U T