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Patna High CourtCR. MISC./47396/2021bail rejected

Arun Kumar Yadav v. The State Of Bihar

2022-06-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47396 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ARUN KUMAR YADAV Son of Ram Badai Yadav @ Ram Badai Chaudhari Resident of Village - Barahani Ke Tola, Police Station - Siwan (Muffasil), District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Siwan (Muffasil) P.S. Case no. 37 of 2021 instituted for the offence punishable under Sections 302, 120(B), 341, 323, 307, 504, 506, 379, 354 and 34 of the Indian Penal Code. The accusation is of killing the husband of the informant by hitting him on his chest by means of hockey stick by the accused persons including the petitioner. It is submitted by learned counsel for the petitioner that only on the basis of suspicion petitioner has been falsely implicated in this case. It is further submitted

Patna High Court CR. MISC. No.47396 of 2021(5) dt.28-06-2022 2/2 that in the background of existing land dispute, the petitioner has been dragged in the present case. The witnesses in their evidence have also stated the enmity between the informant and petitioner's side. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the fact that there is specific overt act of assaulting against the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) sushma/- U