Bechan Yadav @ Bechan Pd. Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42204 of 2017 Arising Out of PS.Case No. -190 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Bechan Yadav @ Bechan Pd. Yadav, Son of Late Vashishtha Yadav.

2. Raghu Narayan Yadav @ Raghu Yadav, Son of Late Ram Narayan Yadav @ Chhutharu Yadav.

3. Pathak Yadav, Son of Late Sukhdeo Yadav.

All are resident of Village- Naua Bakhar, P.S.- Kishanpur, DistrictSupaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 20-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Supaul P.S. Case No.190 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 504 and 120(B) of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the Chief Judicial Magistrate, Supaul. The accusation is that on 30.03.2017 at about 09.30 P.M., when the informant Surya Narayan Prasad was returning boarding on his motorcycle to his house from Tharvita Station, in the way, 8 persons boarded on three motorcycles surrounded him and dashed

Patna High Court Cr.Misc. No.42204 of 2017 (2) dt.20-09-2017 2/2 his motorcycle due to which he fell down from the motorcycle. Out of them, the informant identified six persons including the petitioners. Thereafter, while the petitioner no.2 shot fire at him but the same passed over touching his left eyebrow and chest. After that, the petitioner no.1 ordered to kill him and also fired at him causing injury on his left hand. All also fired at the informant and removed from there boarding on the motorcycles. Learned counsel appearing on behalf of the petitioners submits that, in fact, the informant is accused in several cases and due to dirty village politics and Panchayat Election, the petitioners have falsely been implicated in this case.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U