Dhanesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.21987 of 2018 (3) dt.09-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21987 of 2018 Arising Out of PS.Case No. -154 Year- 2015 Thana -ATRI District- GAYA ====================================================== Dhanesh Yadav, Son of late Rajendra Yadav, resident of village- Charbara, P.S. Atri , District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Atri P.S. Case No. 154 of 2015 instituted for the offence under Sections 341, 323, 324, 147, 148, 149, 302 and 307 of the Indian Penal Code. There is allegation in the written report that this petitioner with other accused persons as named in the written report has assaulted the informant and his father with lathi, danda and khanti. The informant any how saved himself, but father of the informant was brutally assaulted by the petitioner and other accused persons, on account of which, he died. From the impugned order, it appears that police has submitted charge sheet against co-accused Sanjog Kumar and Umesh Kumar and supplementary investigation is still pending

Patna High Court Cr.Misc. No.21987 of 2018 (3) dt.09-05-2018 against the petitioner.

In such manner, from the impugned order itself it appears that petitioner during investigation has not appeared and he is absconding. There is specific allegation in the written report that petitioner along with other co-accused persons brutally assaulted the father of informant, on account of which, he died. Post mortem report is available in the case diary wherein the Doctor has found three injuries on the person of the deceased.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T