Patna High CourtCR. MISC./44606/2017dismissed

Arun Yadav And ANR v. The State Of Bihar

2017-11-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44606 of 2017 Arising Out of PS.Case No. -198 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Arun Yadav, son of late Harilal Yadav, R/o Village- Padampura, P.S.- Sour Bazar, District- Saharsa, &

2. Rama Yadav @ Ramdev Yadav, son of Adhik Yadav, R/o VillageKhopaiti Barsam, P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP For the Informant : Mr. Suman Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Sour Bazar P.S. Case No.198of 2017 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Chief Judicial Magistrate, Saharsa.

It is alleged in the written report that these petitioners along with other accused surrounded the house of the Informant and Petitioner No.1 fired from .303 causing injury in the head of the Informant. It is further alleged that Petitioner No.2 fired from fire arm which hit Bhushan Kumar in the

Patna High Court Cr.Misc. No.44606 of 2017 (3) dt.02-11-2017 2/2 stomach and he fell down. It is further alleged that other coaccused also caused fir arm injury to other family members of the Informant as named in the written report.

Case diary has been received.

Learned APP has pointed out para 34 and 35 of the case diary, wherein, witnesses have supported the case against these petitioners of causing fire arm injury to the Informant and others.

Injury reports are available in the case diary which also support allegation against these petitioners. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioners for grant of anticipatory bail is rejected.

Petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T