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Patna High CourtCR. MISC./31975/2019rejected

Prayag Yadav @ Shree Prayag Prasad Yadav v. The State Of Bihar

2019-05-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31975 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== PRAYAG YADAV @ SHREE PRAYAG PRASAD YADAV Son of Late Ranglal Yadav Resident of Village-Phulwaria, P.S.-Mairwa, District-Siwan at present at Bousi Purdaha, P.S-Mairwa, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Nand Shukla For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mairwa P.S. Case No. 09 of 2019 for the offence punishable under Sections 341, 323, 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is case and counter case between the parties and he has falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no eye witness to the alleged occurrence who

Patna High Court CR. MISC. No.31975 of 2019(2) dt.16-05-2019 2/2 supported the prosecution version. Hence, the petitioner may be granted the privilege of anticipatory bail. Learned A.P.P. has opposed the prayer for bail and submitted that there is direct allegation of firing against the petitioner causing injury on the right leg of Matu Yadav. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail of this petitioner is rejected. (Arvind Srivastava, J) brajesh/- U T