Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66635 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Shyam Yadav Son Of Late Surtilal Yadav Resident Of Village-Pusaho, Police Station-Bithan, District-Samastipur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 307, 326, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Petitioner is said to have assaulted the informant with butt of the pistol due to which his teeth was broken and when the wife of the informant came to save him then the petitioner shot his wife on right eye, who died on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the husband of the deceased is a notorious criminal and some one has committed the occurrence. He further submits that petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.66635 of 2023(2) dt.02-11-2023 2/2 stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail and submits that there is specific overt act against the petitioner.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bithan P.S. Case No. 25 of 2023.

(Anjani Kumar Sharan, J) devendra/- U T