Mangal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32926 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Mangal Yadav son of Laxmi Yadav

2. Sushil Yadav son of Late Sukhdeo Yadav Both are resident of VillageChhechhni, P.S.- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in connection with Bithan P.S. Case No. 14 of 2016 registered under Sections 302,120(B) of the Indian Penal Code and 27 of the Arms Act. The allegation is of firing.

Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case and specific allegation of firing is against one Kundan Singh. Learned Addl. P.P. appearing for the State opposes the prayer for bail and submitted that the petitioners are named in the FIR. From paragraphs no. 5,17,18 and 19 of the case diary it appears that the witnesses have supported the allegation against

Patna High Court Cr.Misc. No.32926 of 2016 (6) dt.09-02-2017 2/2 the petitioners also the post-mortem report shows that the injury was caused by firearem.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the State, I do not feel inclined to grant the privilege of anticipatory bail to the petitioners. Their prayer for anticipatory bail is, therefore, rejected. (Arvind Srivastava, J) Prakash/- U