Patna High CourtCR. MISC./44800/2019bail rejected

Mahendra Yadav v. The State Of Bihar

2019-07-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44800 of 2019 Arising Out of PS. Case No.-63 Year-2017 Thana- KAJRA District- Lakhisarai ====================================================== MAHENDRA YADAV, Son of Late Bangali Yadav Resident of Village - Basuhar, P.S.- Kajra, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kajra P.S. Case No. 63 of 2017, registered under Sections 302, 307, 120B of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of the Addl. Chief Judicial Magistrate-III, Kajra, Lakhisarai.

The accusation is that petitioner along with five named in the F.I.R. and two unknown made indiscriminate firing in which Pramod Yadav, brother of the informant, sustained firearm injury and died on the spot. Learned counsel appearing on behalf of the petitioner submits that there is general and omnibus allegation against the petitioner and five others named in the F.I.R. to

Patna High Court CR. MISC. No.44800 of 2019(2) dt.22-07-2019 2/2 made indiscriminate firing in which deceased sustained injury and died on the spot, but only one injury was found on the person of deceased.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T