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Patna High CourtCR. MISC./12712/2017rejected

Mukesh Yadav v. The State Of Bihar

2017-05-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12712 of 2017 Arising Out of PS.Case No. -370 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ====================================================== Mukesh Yadav Son of Mahendra Yadav, Resident of Village- Matokhar, Police Station- Sheikhpura, District- Sheikhpura. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.13425 of 2017 Arising Out of PS.Case No. -370 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. RAJEEV KUMAR @ RAJEEV YADAV , Son of Nago Yadav, Resident of Village- Mathokar, P.S.+District- Sheikhpura.

2. Manohar Kumar @ Manohar Yadav, Son of Late Amiearak Yadav, Resident of Villge- Kariho, P.S. + District- Shekhpura. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.12712 of 2017) For the Petitioner/s : Mr. Bipin Kumar, Adv. For the Opposite Party/s : Mr. Mustaque Alam, APP (In Cr.Misc. No.13425 of 2017) For the Petitioner/s : Mr. Satish Kumar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.

The petitioners apprehend their arrest in Sheikhpura P.S. Case No. 370/2016, registered for the offences punishable under Sections 307, 386 and other sections of the Indian Penal Code and section 27 of the Arms Act.

Patna High Court Cr.Misc. No.12712 of 2017 (4) dt.15-05-2017 2/2 The informant named the petitioners along with other accused persons and alleged that Bal Mukund Yadav @ Ravi Kant with petitioners and others came, Bal Mukund Yadav fired which hit Binod Sahni. The accused persons snatched mobiles from different persons and fled away after making fire in the air. Learned counsel for the petitioners submits that on account of fishing some dispute arose. There is no specific allegation of assault against the petitioners. Only Binod Sahni got injury caused by hard and blunt object, but from perusal of the case diary, it appears that almost all the witnesses have stated that besides Bal Mukund Yadav @ Ravi Kant who is said to have fired causing injuries to Binod Sahni, the petitioners also fired. Mark of firing was found on the wall and they took away the mobiles of different people. It appears from para 10 of the case diary that Bal Mukund Yadav has got criminal antecedent and he is accused in more than 15 criminal cases. The petitioners are associates of Bal Mukund Yadav.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T