Anirudh Yadav @ Anirudh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40692 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -ISMILEPUR District- BHAGALPUR ======================================================

1. Anirudh Yadav @ Anirudh Prasad Yadav Son of Late Ghanshyam Yadav Resident of Village - Kantidhar Kamalakund, P.S. - Ismailpur, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. Sanjay Kr. Tiwary No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 307, 436 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

The informant alleged that he had constructed a house on a piece of land but the accused persons assaulted the informant and others. On the order of the petitioner, Collector Yadav fired which hit on the left hand of Suresh Yadav. Learned counsel for the petitioner submits that there is case and counter case from the side of the petitioner vide Ismailpur P.S. Case No. 08 of 2015is registered on the basis of the

Patna High Court Cr.Misc. No.40692 of 2015 (3) dt.30-11-2015 Fardbeyan of Mukesh Kumar. Father of the informant Mahesh also got fire arm injury but the injuries from the side of the petitioner have not been annexed.

It appears that the petitioner is an order giver and on his order Collector Yadav fired which hit Suresh Yadav. Having considered the facts aforesaid, I am not inclined to grant privilege of anticipatory bail to the petitioner in connection with Ismailpur P.S. Case No. 07 of 2015 pending in the court of the learned Judicial Magistrate, 1st Class, Bhagalpur. This application is, accordingly, rejected.

The petitioner, if so advised, may surrender and pray for regular bail which shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Prabhat Kumar Jha, J) Amin/- U