Malakh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57791 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- ALOULI District- Khagaria ====================================================== MALAKH YADAV S/o Chandi Lal Yadav @ Chadilal Yadav R/o villageAura (Ora), P.S.- Alauli, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is apprehending his arrest in connection with Alauli P.S. Case No.165 of 2020, registered for the offence punishable u/s 302, 307, 504/34 IPC and 27 of Arms Act. Allegedly, the petitioner is said to have fired upon the brother of informant due to which he died in the way to hospital. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. It is submitted that one of the co-accused was facing trial in Trial No.225/2021, in which the witnesses have turned hostile. No incriminating article or blood stain has been found from the place of occurrence. Petitioner has no criminal
Patna High Court CR. MISC. No.57791 of 2022(2) dt.03-01-2023 2/2 antecedent.
Learned APP for the State opposed the prayer for bail by submitting that petitioner is the main assailant and it is clear from the F.I.R. that there is a direct allegation against him. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T