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Patna High CourtCR. MISC./66764/2018dismissed

Vinod Yadav @ Binod Yadav v. The State Of Bihar

2019-02-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66764 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- SALAKHUA DistrictSaharsa ====================================================== Vinod Yadav @ Binod Yadav Son of Panna Lal Yadav, Resident of VillageGordah (Gaurdah), P.S.- Salkhua, District- Saharsa. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Pramod Mishra, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Salkhua P.S. Case No. 85 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the petitioner's side has also instituted F.I.R in Salkhua P.S. Case No. 91 of 2018. It is submitted that the injury on the thigh of Neka Kumari attributed to the assault with firearm by the petitioner was in fact sustained in course of firing made by the informant's side and not by the petitioner.

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition.

5. Having regard to the nature of accusation and gravity of the offence alleged and also considering that the F.IR. has been filed by the petitioner's side more than a week after the

Patna High Court Cr.Misc. No.66764 of 2018(4) dt.05-02-2019 2/2 present F.I.R., this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Ibrar//- U T