Patna High CourtCR. MISC./31964/2019rejected

Budhan Yadav @ Shiv Kumar Yadav @ @ Shiv Kumar v. The State Of Bihar

2019-05-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31964 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== BUDHAN YADAV @ SHIV KUMAR YADAV @ @ SHIV KUMAR Son of Doman Yadav Resident of Village - Sagarpar, P.S.- Kalyan Bigha, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2019 Heard both sides.

The petitioner apprehends his arrest in Harnaut Telmar P.S. case No. 256 of 2018 registered under Section 307 and other Sections of the IPC.

The informant, S.H.O. of Telmar P.S., alleged that he got information that a Bolero jeep has turned in a pond and on such information the informant along with other police officials went to enquire about the occurrence. When the informant enquired reasons for taking out the vehicle from the pond Budhan Yadav, the petitioner, Subodh Yadav and Samundar Yadav began to assault the informant. They took the informant inside the pond and tried to drown him in the water. Somehow the informant saved his life.

Patna High Court CR. MISC. No.31964 of 2019(2) dt.14-05-2019 2/2 The learned counsel for the petitioner submits that informant did not receive any injury. Other accused persons, namely, Sudhir Yadav and Subodh Yadav have already been granted anticipatory bail but it appears that the informant made very specific allegation against the petitioner that it was he who caught him and tried to drown him in the pond. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T