Patna High CourtCR. MISC./3626/2021dismissed

Subhash Yadav v. The State Of Bihar

2021-08-26Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3626 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

SUBHASH YADAV, LATE MUNCHUN YADAV VILLAGE RAMCHANDRAPUR, P.S. GORADIH, DISTRICT- BHAGALPUR 2.

DILIP YADAV, SON OF SUBHASH YADAV RAMCHANDRAPUR, P.S. GORADIH, DISTRICT- BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh- Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-08-2021 Heard Mr. Rajive Ranjan Singh, the learned Advocate for the petitioners and Mr. Jharkhandi Upadhyay, the learned APP for the State.

The learned Advocate for the petitioners seeks permission to withdraw the application with respect to petitioner no.1 who has been arrested.

The application with respect to petitioner no.1 is dismissed as having become infructuous.

The petitioner no.2 seeks bail in anticipation of his arrest in connection with Jagdishpur (Goradih) P. S. Case No.103 of 2020, instituted for the offences under Sections 323, 341, 307, 504, 506, 379, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.3626 of 2021(2) dt.26-08-2021 2/2 Petitioner no.2 is said to have opened fire at the informant.

Regard being had to the nature of accusation against the petitioner no.2, I am not inclined to grant anticipatory bail to him, notwithstanding the fact that the informant has received simple injury.

The prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner no.2 surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) vikash/- U T