Butai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62683 of 2018 Arising Out of PS. Case No.-202 Year-2017 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Butai Yadav, Son of Ramdhyan Yadav, Residents of Village- Dhav Kakariya, P.S.- Makhdumpur, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Makhdumpur PS Case No. 202 of 2017 for the offence under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner was not present at the place of occurrence and as such his involvement in commission of the crime is patently false. He further submits that petitioner has no criminal antecedent.

Considering the plea of the petitioner as to alibi this application is disposed of with a direction to the court below to verify the plea of the petitioner and if it is found on enquiry that the petitioner's contention as to alibi is correct the court below

Patna High Court Cr.Misc. No.62683 of 2018(2) dt.13-12-2018 2/2 will consider the case of the petitioner on surrender and take appropriate decision within a period of one month from the date of receipt of the enquiry report in this regard. In the meanwhile, there shall be no coercive step against this petitioner.

(Anil Kumar Upadhyay, J) mrl./- U T