Patna High CourtCR. MISC./25659/2015dismissed

Pankaj Yadav And ANR v. The State Of Bihar

2015-12-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25659 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -KALER District- JEHANABAD ======================================================

1. Pankaj Yadav son of Raghunath Yadav @ Jokhan Yadav

2. Fiddu Yadav @ Raju Ranjan Yadav son of Ram Brat Yadav All resident of village- Hichhan Bigha, Police Station- Daudnagar, DistrictAurangabad. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ramchandra Singh, Advocate.

For the Opposite Party : Mr. Gajendra Pd.Yadav, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2015 Heard Shri Ramchandra Singh, learned counsel for the petitioners and the learned APP.

It is submitted that petitioner no. 1 Pankaj Yadav has already been arrested, accordingly, prayer for anticipatory bail on behalf of the petitioner no. 1 is dismissed as has become infructuous.

The petitioner no. 2 Fiddu Yadav @ Raju Ranjan Yadav apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 307 and 34 of the Indian Penal Code and under Section 27 of the Arms Act. The petitioner is alleged to have made firing.

It is submitted that nobody was injured, but from the

Patna High Court Cr.Misc. No.25659 of 2015 (4) dt.02-12-2015 2/2 allegation it appears that the petitioner was called by Pankaj Yadav and petitoner made indiscriminate firing although nobody was injured.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner no. 2 Fiddu Yadav @ Raju Ranjan Yadav on anticipatory bail. Accordingly, the same is rejected. However, petitioner no. 2 Fiddu Yadav @ Raju Ranjan Yadav, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that nobody was injured in the firing made by the petitioner and dispose of bail petition, if possible, on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T