Sunil Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8463 of 2015 Arising Out of PS.Case No. -143 Year- 2014 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ======================================================
1. Sunil Yadav Son of Birendra Yadav
2. Vikram Yadav Son of Late Jagdish Yadav
3. Upendra Yadav Son of Late Jagdish Yadav
4. Chotu Yadav Son of Prabhu Yadav All are Resident of village - Nailey, Police Station - Magadh Medical, District - Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwendra Kumar, Advocate. For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2015 Heard both sides.
The petitioners apprehend their arrest in Magadh Medical College Hospital P.S. Case No. 143 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act. The informant made allegation that while he was going along with his maternal uncle, the petitioners and others including Mallu Yadav made indiscriminate firing. The firing of Mallu Yadav hit on the left leg of the informant and his maternal uncle who managed to flee away.
Learned counsel for the petitioners submits that no occurrence as alleged has ever taken place. On account of PACS
Patna High Court Cr.Misc. No.8463 of 2015 (2) dt.03-03-2015 2/2 election the petitioners have falsely been implicated in the case. The maternal uncle of the informant was contesting election of PACS Chairman and the petitioners were opposing. It appears that the informant made allegation that all the petitioners along with Mallu Yadav made indiscriminate firing on the informant and his maternal uncle but Mallu Yadav chased and made firing which hit on the left leg of the informant. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) KKSINHA/- U T