Ranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50300 of 2018 Arising Out of PS. Case No.-302 Year-2017 Thana- GAYA KOTWALI District- Gaya ====================================================== Ranjan Yadav, S/o Rajendra Yadav, R/o Mohalla - Maharani Road, P.S. - Kotwali, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Pratap Singh For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 447, 147, 148, 149, 504 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, the petitioner and others, allegedly, fired and hurled bomb with intent to commit murder. The case diary would reveal that other witnesses have also supported the allegation against the petitioner. The reason for occurrence is that two criminal cases lodged by the informant against the petitioner and others were going on and the petitioner and others were pressurizing to withdraw those cases.

Submission of learned counsel for the petitioner is

Patna High Court Cr.Misc. No.50300 of 2018(3) dt.19-11-2018 2/2 that petitioner has got no criminal antecedent save and except two cases lodged by the same informant. Moreover, no one sustained any injury in the occurrence nor there is any specific allegation as to who had fired and who had hurled the bomb. Considering the entire facts of this case and nature of allegation, in my view, this is not a fit case for grant of anticipatory bail in connection with Kotwali Police Station Case No. 302 of 2017 pending in the court of learned Chief Judicial Magistrate, Gaya.

Hence, prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within a period of three weeks, the court below shall consider prayer for regular bail without being prejudiced by this order. (Birendra Kumar, J) Kundan/Rajan U T