Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46841 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -DHARHARA District- MUNGER ====================================================== Sanjay Yadav, son of Saryug Yadav, Resident of Village- Rampur Basti, P.S.- Jamalpur, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Nath Jha, Advocate.

For the Opposite Party : Mr. Md. Nazir Ansari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2017 Heard both sides.

The petitioner apprehends his arrest in Dharhara P.S. Case No. 49 of 2016, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant, mother of the deceased, alleged that her son had got enmity with Sanjay Yadav and other accused persons. The son of the informant was convicted in a case of firing against Sanjay Yadav and he was released on bail. Sanjay Yadav and other accused persons were running after the life of son of the informant and they killed her son.

Learned counsel for the petitioner submits that the deceased, himself, was a veteran criminal and he was convicted for life imprisonment in a case of kidnapping for ransom. The deceased was also convicted in a case registered under Section

Patna High Court Cr.Misc. No.46841 of 2016 (3) dt.09-01-2017 2/2 307 and other Sections of the Indian Penal Code in which Sanjay Yadav, the petitioner was the informant and an attempt was made to kill Sanjay Yadav in the aforesaid case also. The deceased was convicted and he was released on bail. Save and except suspicion there is no material against the petitioner, but it appears that there is strong suspicion against the petitioner as the petitioner was on inimical term with one Hira Sinha who disclosed that the petitioner and others killed Sonu Ram.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that similarly situated accused persons namely Rohit Singh and Rajeev Yadav have already been enlarged on regular bail and disposed of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T