Santosh Yadav @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53886 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -RAJAULI District- NAWADA ====================================================== Santosh Yadav @ Rajesh Kumar, son of Dilip Prasad, Resident of Village - Dhab, Police Station - Sirdala, District - Nawada. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party : Mr. Rajendra Prasad Nat(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Rajauli P.S. Case No. 102 of 2015 instituted for the offence under Sections 452, 326, 307, 398 of Indian Penal Code and under Section 27 of Arms Act.

It is alleged that on the date of occurrence while informant was sleeping in his house, at 11.00 P.M. he heard sound on the roof of the house and felt that some dacoits has entered into the house for committing dacoity. In the meantime, Santosh Yadav, petitioner put pistol in the chest of the informant's son and made demand of the key of box. The petitioner assaulted the son of the informant and demanded key of the box from the informant.

Patna High Court Cr.Misc. No.53886 of 2016 (3) dt.12-01-2017 2/2 The informant went to save his son then accused Pintu Yadav fired from pistol and assaulted on the head of the informant with pistol causing head injury and also fired on his chest which caused injury. After hearing the noise of bullet, the neighbours arrived and thereafter 7-8 dacoits who had entered into the house, fled away. In this manner, there is specific allegation of overt act against this petitioner of putting pistol on the chest of one of the sons of the informant with intention to commit dacoity along with other accused persons. From para-3 of the bail petition, it appears that one case of similar allegation is also pending against this petitioner for the offence under Sections 364(A), 302 and 201/34 of I.P.C. Therefore, I do not find any merit in this bail petition. Accordingly, this anticipatory bail petition is hereby rejected in Rajauli P.S. Case No. 102 of 2015.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be considered and disposed of on merit without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T