Sakindra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66057 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- JAMUI District- Jamui ====================================================== SAKINDRA YADAV S/o Mangani Yadav R/o village- Chandwara, P.S.- Jamui, Distt.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Sujata Sinha For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code As per the prosecution case, this petitioner is alleged to have assaulted on the neck of the deceased. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that similarly situated accused Sitaram Yadav has already been granted pre-arrest bail by a co-ordinate Bench of this court vide order dated 14.09.2021 passed in Cr. Misc. No. 879/2021.
Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that there is direct and
Patna High Court CR. MISC. No.66057 of 2021(2) dt.14-07-2022 2/2 specific allegation against this petitioner that he assaulted the deceased by means of sword on his neck. Post mortem report also shows that all wounds are incised caused by sharp cutting weapon. It is further submitted that case of petitioner is different from the case of aforesaid co-accused, Sitaram Yadav, as there was allegation against him of catching hold of the hand of the decreased whereas allegation against this petitioner is that he gave sword blow on the neck of the deceased. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T