Patna High CourtCR. MISC./8412/2015dismissed

Shankar Yadav v. The State Of Bihar

2015-05-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8412 of 2015 Arising Out of PS.Case No. -128 Year- 2012 Thana -LAXMIPUR District- JAMUI ====================================================== Shankar Yadav, son of Mathura Yadav, resident of Village - Dholkatawa, P.S. Laxmipur, Distt. - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. S.N. Shukla (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code. The petitioner is not named in the F.I.R. During the course of investigation, the father of the deceased named Gita Devi, LakhanYadav and others in the case. The Dy. S.P. supervised the case and name of the petitioner figured in the supervision note. Name of Ravi Tanti also came but Ravi Tanti has already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 9925/2013.

It appears from perusal of the order of the learned Sessions Judge that Lakhan Yadav with the help of the petitioner and others killed Pramod Yadav by cutting his neck and concealed his dead body. The skeleton was recovered which was duly

Patna High Court Cr.Misc. No.8412 of 2015 (4) dt.01-05-2015 2/2 identified by Arun Yadav, the brother of the deceased. Sunil Yadav, co-accused, also confessed his guilt. The prayer for anticipatory bail of Lakhan Yadav has already been rejected vide order passed in Cr. Misc. No. 4046/2015 Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Laxmipur P.S. Case No. 128 of 2012. Accordingly, the same is rejected. The petitioner is directed to surrender in the court below and court below shall consider the prayer for regular bail of the petitioner taking into consideration that the co-accused has already been granted regular bail.

(Prabhat Kumar Jha, J) Dilip/- U T