Fodi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40506 of 2018 Arising Out of PS. Case No.-13 Year-1998 Thana- KATORIA District- Banka ====================================================== Fodi Yadav, S/o late Jivalal Yadav, resident of Village- Indodih, Police Station- Katoria (Jaipur), District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Katoria P.S. case no. 13 of 1998,instituted for the offence under Section(s) 147,148,149, 302 and 213 of the Indian Penal Code.

In the written report, there is specific allegation against this petitioner that he along with the other accused persons has brutally assaulted the son of the informant with lathi, danda etc. and finally his dead body was recovered from the house of this petitioner. Learned counsel for the petitioner has submitted that earlier with respect to the same occurrence one another case was filed vide Katoria P.S. case no. 11 of 1998 and in that case after trial two persons, namely, Raso Yadav and Ganesh Yadav ( both are brothers of informant of Katoria P.S. case no. 13/98) have been convicted by judgment dated 26.08.2004 under Section 395 of the IPC.

Patna High Court Cr.Misc. No.40506 of 2018(4) dt.03-08-2018 2/2 In the instant case, the police has not submitted charge sheet against this petitioner. But learned C.J.M. has taken cognizance against the petitioner.

Case diary has been received.

Learned APP, after looking into the case diary, has submitted that witnesses at several paragraphs of the case diary have levelled specific allegation against this petitioner and have also taken the name of this petitioner.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T