Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48565 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== MITHILESH YADAV Son of Nand Kishore Yadav Resident of VillageNauranga, P.S.- Choutham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Choutham P.S. Case No. 70 of 2019, disclosing the offence under Section 302 and other allied Sections of the Indian Penal Code.

There is allegation in the FIR against the named accused persons that they assaulted the informant's husband and her son brutally, both of whom sustained head injuries. From the postmortem report, it transpires that the petitioner's husband died of injuries caused in his head by hard and blunt substance. The postmortem report corroborates the allegation made in the FIR.

Since the informant is an eye-witness to the

Patna High Court CR. MISC. No.48565 of 2019(3) dt.20-11-2019 2/2 occurrence and the witnesses have supported the case of the prosecution in course of the investigation, for the present, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is accordingly rejected. The petitioner shall be at liberty to renew his prayer for bail after one year if, in the meanwhile, there is no substantial progress in the trial.

(Chakradhari Sharan Singh, J) Rajesh/- U T