← Library
Patna High CourtCR. MISC./56533/2022dismissed

Rajeev Kumar Yadav @ Rajeev Yadav v. The State Of Bihar

2022-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56533 of 2022 Arising Out of PS. Case No.-278 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== RAJEEV KUMAR YADAV @ RAJEEV YADAV S/O JAGESHWAR YADAV @ YOGENDRA YADAV @ JAGDHAR YADAV Residnet of village- Kushmol, P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Yadav For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2022 Heard the parties.

The petitioner apprehends his arrest in connection with Narpatganj P.S. case no.278 of 2022, registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Allegedly, the petitioner alongwith other co-accused persons have committed the murder of informant's wife by fire shot and due to alleged firing Sanjay Yadav, Jata Devi, Sanjila Devi, Dudama Devi and Mukesh Yadav have also sustained injuries.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the FIR and has been falsely implicated in this

Patna High Court CR. MISC. No.56533 of 2022(2) dt.20-12-2022 2/2 case due to previous enmity. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific overt act against the petitioner.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. (Anjani Kumar Sharan, J) shikha/- U T