Luxman Yadav @ Burhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41506 of 2019 Arising Out of PS. Case No.-422 Year-2018 Thana- DHANARUA District- Patna ====================================================== LUXMAN YADAV @ BURHWA, son of Sri Babu Chand Yadav, Resident of Village - Dudhara, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Dhanarua P.S. Case No. 422 of 2018, disclosing the offence under Sections 323, 324, 307, 379, 427, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Considering the specific allegation in the First Information Report against the petitioner of having shot at the informant resulting into firearm injury, I am not inclined to grant privilege of anticipatory bail to the petitioner, despite submission on behalf of the petitioner that for the same offence, a counter case has been registered, according to which, co-accused Munna Yadav had caused firearm injury.

This application is, accordingly, rejected.

The petitioner is directed to appear before the court below within four weeks from today and seek regular bail if so advised. If

Patna High Court CR. MISC. No.41506 of 2019(3) dt.27-09-2019 2/2 he does so, his application for regular bail shall be considered on its own merits without being prejudiced by present rejection of the application for anticipatory bail.

(Chakradhari Sharan Singh, J) S.Ali/- U T