Bijendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60057 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -KISHUNPUR District- SUPAUL ======================================================
1. Bijendra Yadav S/o Yogendra Yadav @ Yogi Yadav, R/o VillageFulwaria, P.S.- Kishanpur, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor of the State.
The petitioner is apprehending his arrest in connection with Kishanpur P. S. Case No. 138 of 2017 registered for offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.
The allegation against the petitioner is regarding assaulting the prosecution side, resulting in grievous injuries to the son of the informant, Chiranjeev Kumar.
Learned counsel for the petitioner submits that allegation is general and omnibus in nature and the petitioner does not have any criminal antecedent.
Learned A.P.P. submits that the anticipatory bail of the
Patna High Court Cr.Misc. No.60057 of 2017 (4) dt.08-01-2018 2/2 co-accused Rajesh Kumar Yadav has been rejected vide order dated 10.08.2017 passed in Cr. Misc. No. 37562 of 2017, hence, the case of the petitioner being similar to that of Rajesh Kumar Yadav, the prayer of the petitioner for grant of anticipatory bail is fit to be rejected.
In view of the fact that Anticipatory bail application of the co-accused person, similarly situated has already been rejected, I deem it fit and proper to reject the prayer of the petitioner for grant of anticipatory bail.
However, the petitioner may approach before the learned Trial Court for grant of Regular bail, which may be considered in accordance with law without being prejudiced by the order of this Court.
(Mohit Kumar Shah, J) Sudha/- U T