Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32256 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Sanjay Yadav, Son of Raghunandan Yadav @ Raghunand Yadav, Resident of Village- Amni, P.S.- Mansi, District- Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Subodh Kumar Jha, Advocate Mr. Roshan Kumar Mishra, Advocate For the Opposite Party : Mr. Sri Dinesh Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Gogri P.S. Case No. 157 of 2016, registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Allegation against the petitioner is also to have fired upon the deceased.

Submission is of false implication and that only two injuries have been found on the person of the deceased, against the petitioner there is general and omnibus allegation, specific allegation is against Sarjan Yadav and Bucho Yadav, other coaccused have been granted regular bail and, as such, the petitioner

Patna High Court Cr.Misc. No.32256 of 2017 (3) dt.21-08-2017 2/2 also deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that petitioner has also opened fire. In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Gogri P.S. Case No. 157 of 2016, pending in the Court of Sri Brajesh Kumar, learned Judicial Magistrate, Khagaria. However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by the order of this Court.

(Jitendra Mohan Sharma, J.) Rajiv/- U T