Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40597 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== Anil Yadav son of Nathuni Yadav resident of Village- Budhanpurawa Police Station Buxar (Nagar) District- Buxar (Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Roy For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

17-10-2016 Heard Sri Anil Kumar Roy, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 22-03-2016, has prayed for grant of bail in Buxar (T) P.S. Case No. 74 of 2016 registered for offence under Sections 341, 147, 148, 149, 302, 326 & 120(B) of the Indian Penal Code and Section 27 of the Arms Act, 1959.

Learned counsel for the petitioner has made a prayer for grant of bail mainly on the ground that other two accused persons, against whom there was an accusation that they were holding hand and hair of the deceased, have already been granted bail by a Bench of this Court. He further submits that even one of the co-accused, against whom there is criminal antecedent, has

Patna High Court Cr.Misc. No.40597 of 2016 (3) dt.17-10-2016 2/2 also been granted bail.

Learned Addl. Public Prosecutor opposes the prayer for grant of bail.

Besides hearing, I have also perused the materials on record, particularly; antecedent, which has been referred in paragraph - 3 of the petition. On going through the statement made in paragraph - 3 of the petition, it is evident that petitioner is accused in number of cases relating to serious offences. Moreover, on perusal of the F.I.R., it is evident that the occurrence has not taken place in a spur of moment, but in a well-planned manner, the accused persons arrived at the place of occurrence and killed the brother of the informant.

Keeping in view the antecedent of the petitioner as well as allegation made in the F.I.R., I do not find any ground to extend the privilege of bail.

Dismissed.

(Rakesh Kumar, J.) Anay U T