← Library
Patna High CourtCR. MISC./12638/2018dismissed

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

2018-04-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12638 of 2018 Arising Out of PS. Case No.-357 Year-2017 Thana- BARHARIA District- Siwan ====================================================== Jitendra Yadav @ Jitendra Kumar Yadav, S/o Hanumat Yadav @ Hanumat Chaudhary Yadav, R/o Village- Gopalpur, P.S.- Muffasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Sahni For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Barharia P.S. Case No. 357 of 2017 instituted for the offence under Sections 302/34 of the IPC.

In the written report it is alleged that two persons came from behind on motorcycle while informant's brother was returning from his shop and when he reached at Jamo road near Krishna market in front of gumati of Chhote lal, they fired at right side of the chest of his brother and fled away. Thereafter, his brother has been taken to Barharia Hospital from where he was referred to Siwan Hospital for better treatment but ultimately died.

Case diary has been received, wherein, informant has

Patna High Court Cr.Misc. No.12638 of 2018(4) dt.23-04-2018 2/2 stated in paragraph 22 that both the accused persons had covered their faces by helmet. The informant claimed to identify them.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, this anticipatory bail petition stands rejected.

The petitioner is directed to surrender in the court below within six weeks from today and seek regular bail which will be considered by the court below in accordance with law, without being prejudiced by this order.

(Sanjay Priya, J) khushbu/- U T