Patna High CourtCR. MISC./15056/2018dismissed

Dewan Yadav v. The State Of Bihar

2018-04-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15056 of 2018 Arising Out of PS.Case No. -52 Year- 2017 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Dewan Yadav S/o late Dani Yadav Resident of Village- Bahuarwa, Police Station- Phulparas, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 The petitioner is apprehending his arrest in connection with Madhubani Mahila Police P.S. Case No. 52/2017, C.R.I. No. 1242/2017 registered for offences punishable under Sections 341, 323, 354(B) and 379 of the Indian Penal Code. Allegation against the petitioner and others is of assaulting and misbehaving with the informant and it appears that the petitioner is an accused in six other cases also. It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to land dispute and previous enmity between parties and only general and omnibus allegation has been levelled. Petitioner is accused in seven other cases, out of which, in two cases he has been acquitted and in other cases, he is on bail.

Patna High Court Cr.Misc. No.15056 of 2018 (3) dt.25-04-2018 2/2 Heard learned A.P.P. and learned counsel for the informant. They have opposed the prayer for bail and submitted that petitioner has criminal antecedents and in one of the cases, he has been convicted also.

Having heard both sides, in view of the facts and circumstances of the case as well as the criminal antecedents of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner, the same is accordingly dismissed.

The petitioner, if so desire may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T