Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32805 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== YOGENDRA YADAV, aged about 53 years, Male, son of Parmeshwar Yadav, resident of Village- Barchhibigha, P.S- Giriyak, District- Nalanda. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the Opposite Party :

Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Rajgir P.S. Case No.44 of 2020 (G.R. No. 571 of 2020) registered for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code.

Allegation has been made that the accused persons including this petitioner have brutally assaulted the brother of the informant, as a result of which, he sustained grievous injury and ultimately died.

Learned counsel for the petitioner submits that the allegation made in the F.I.R. is not substantiated from the postmortem report, which shows that person has died due to

Patna High Court CR. MISC. No.32805 of 2020(2) dt.05-03-2021 2/2 haemorrhage and shock leading to death due to strangulation, physical assault.

Learned counsel for the petitioner submits that coaccused Karan Yadav @ Raj Karan has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 09.02.2021 passed in Criminal Miscellaneous No.32791 of 2020 but, the bail of co-accused Prabhat Yadav, has been rejected by a co-ordinate Bench of this Court vide order dated 22.01.2021 passed in Criminal Miscellaneous No.30512 of 2020.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day as per the law without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T