Manohar Yadav @ Manohar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46680 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -DANIYAWA District- PATNA ====================================================== Manohar Yadav @ Manohar Kumar, S/o Sri Prasad Yadav, Resident of Village- Kotwan, P.S. Daniyawan, District-Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prakash Chandra Agrawal For the Opposite Party/s : Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-12-2016 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Daniyawan P.S. Case No. 39 of 2016, registered under Sections 147, 148, 149, 323, 448,504 and 307 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of the Addl. Chief Judicial Magistrate, Fatuha, District-Patna. The accusation is that on 02.04.2016 at about 12.00 Noon, due to sitting of passengers in the tempo, hot talks were exchanged in between Lalan Gope, cousin of the informant, and petitioner Manohar Yadv.

Thereafter, Manohar Yadav (Petitioner) along with six others came at the house of Lalan Gope and started to abuse him. At that time, Kalawanti Kumar, daughter of the informant, had gone to take water from the well

Patna High Court Cr.Misc. No.46680 of 2016 (3) dt.14-12-2016 2/2 situated in the courtyard of Lalan Gope in the meantime, petitioner started firing indiscriminately in which Kalawanti Kumari sustained fire arm injury at her forehead and she fell down.

Learned counsel for the petitioner submits that, in fact, at the time of occurrence, Kalawanti Kumari, daughter of the informant, had gone to take water at the well situated in the house of Lalan Gope and she sustained injury due to fallen down in the well.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T