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Patna High CourtCR. MISC./29482/2015dismissed

Pankaj Yadav v. The State Of Bihar

2015-07-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29482 of 2015 Arising Out of PS.Case No. -58 Year- 2014 Thana -CHANAN District- LAKHISARAI ======================================================

1. Pankaj Yadav, Son of Bitu Yadav, Resident of Village- Churamanbigha, P.S.- Chanan, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302/34 of the Indian Penal Code and under different sections of the Arms Act.

The wife of the deceased made allegation that the petitioner and others dragged her husband from the train and took him to some distance and thereafter Manoj Mandal, Darveshwar Mandal, Dharmvir Rai and Bauwalal Rai fired at her husband causing his death on the spot.

It is submitted that no specific allegation of firing is made against the petitioner. The petitioner did not support the sister-in-law of the informant during the election and that is why he has falsely been implicated in the case but it appears that the

Patna High Court Cr.Misc. No.29482 of 2015 (2) dt.27-07-2015 2/2 informant named the petitioner as one of the persons who dragged her husband down from the train and took him to some distance from the railway line and thereafter the other accused persons are alleged to have fired causing death, hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T