Patna High CourtCR. MISC./22403/2017rejected

Abhay Yadav v. The State Of Bihar

2017-07-06Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22403 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22403 of 2017 Arising Out of PS.Case No. -124 Year- 2016 Thana -BARH District- PATNA ====================================================== Abhay Yadav Son of Indradeo Yadav, Resident of Village- Baso Bagi, P.S. Barh, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Kashyap For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner apprehends his arrest in connection with Barh P.S. Case No. 124 of 2016 registered for the offences punishable under Sections 147, 148, 149, 353, 332, 224, 225, 504 and 323 of the Indian Penal Code.

Allegedly, the petitioner was arrested and then the family members of the petitioner after forming unlawful assembly started abusing the Police party, caused threats to free the petitioner otherwise to assault them with brick bats. The Police party tried to pacify them but they got freed the petitioner. Submission is of false implication and that the petitioner has not committed any offence, the family members of the petitioner has committed the offence, in this case other co-accused Manohar Kumar, Ramkali Devi and others have been allowed

Patna High Court Cr.Misc. No.22403 of 2017 (3) dt.06-07-2017 pre-arrest bail and as such the petitioner deserves sympathetic consideration.

Learned APP seriously opposes the prayer of pre-arrest bail.

In the facts and circumstances stated above, considering that the petitioner was arrested and he succeeded in fleeing away from the Police custody, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T