Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44056 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -SABAUR District- BHAGALPUR ====================================================== Pawan Yadav son of Babulal Yadav resident of village- Babupur, P.S. sabour, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-10-2015 Heard counsel for the petitioner and Mr. Haque APP for the State.

The petitioner seeks anticipatory bail in Sabour P.S. Case No. 142 of 2015 registered under section 307 IPC and diverse provisions of the Arms Act. It is alleged that in a scuffle the petitioner whipped out his country-made pistol and placed the same on the chest of the informant and attempted to fire which however misfired. While the informant was engaged with the petitioner in the scuffle another witness came to the place of occurrence whom the petitioner assaulted on head with the butt of the pistol.

The contention of the petitioner is that indisputably no fire had taken place and nobody received any injury. The

Patna High Court Cr.Misc. No.44056 of 2015 (2) dt.15-10-2015 2/2 informant has criminal history/background whereas the petitioner has no criminal antecedent.

Be that as it may, considering the allegation and manner thereof, I am not persuaded to privilege the petitioner with anticipatory bail. Prayer is rejected. He should surrender and seek regular bail in the court which will pass an order on its own merit uninfluenced by the present order.

(Kishore Kumar Mandal, J) HR/- U T