Bikram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62840 of 2022 Arising Out of PS. Case No.-212 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== BIKRAM YADAV S/o Musahru Yadav R/o Mohalla- Babu Tola, P.S.- Nathnagar, Distt- Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Syed Masleh Uddin Ashraf, Advocate For the Opposite Party :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned counsel appearing for the State.

The petitioner is apprehending his arrest in a case registered under Sections-147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

Earlier prayer for anticipatory bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that number of cases are pending against him. From paragraph-3 of the bail application, it appears that there are eleven cases pending against him. As per allegation, the petitioner is said to have fired in course of the occurrence. From perusal of the postmortem report, it is evident that the deceased had sustained as many as three wounds of entry caused by fire-arms. From the place of

Patna High Court CR. MISC. No.62840 of 2022(2) dt.07-12-2022 2/2 occurrence, empty cartridges were also recovered. This is the second attempt of the petitioner for grant of anticipatory bail on the ground that some of the co-accused of the present case have been acquitted by the learned trial court. In my considered opinion, the same cannot be a ground for re-considering the prayer for anticipatory bail of the petitioner.

Accordingly, this application for grant of anticipatory bail in connection with Nathnagar P.S. Case No. 212 of 2020 stands rejected.

However, if the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) A.K.V.//- U T