Anmol Kumar Yadav @ Amol Yadav @ Amol Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67264 of 2019 Arising Out of PS. Case No.-207 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== ANMOL KUMAR YADAV @ AMOL YADAV @ AMOL KUMAR, aged about 20 years, Male, Son of Ram Pravesh Yadav, Resident of Village - Kua, P.S.- Bithan, Distt.- Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Binode Bariar, Adv.

For the Opposite Party :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Hasanpur P.S. Case No. 207 of 2017 (S. Tr. No. 278 of 2018/G.R. No. 1157 of 2017), pending in the Court of the Additional District Judge II, Rosera, Samastipur, registered under Sections 302 and 120B of the Indian Penal Code and 27 of the Arms Act.

The accusation is that in course of morning walk 22.12.2017, Hare Ram Yadav, the brother of the informant, Mahendra Yadav, reached in front of the school where four persons with two motorcycles were present and fired on Hare Ram Yadav. On hearing the sound of firing, the informant reached there, then, saw three persons were caught hold his brother, Hare Ram Yadav, in the paddy field of his village.

Patna High Court CR. MISC. No.67264 of 2019(2) dt.14-11-2019 2/2 Rama Kant Mahto and Vijay Mahto fired 4 to 5 times on him and, thereafter, all fled away boarding on motorcycles. Informant claim to identify the three persons on seeing them. Submission is that petitioner is not named in the first information report, rather his name and names of two others have come in the confessional statement of co-accused, Sachidanand Kumar Yadav.

Since, the informant claimed to have identified three persons, who were indulged in causing assault with named accused Vijay Yadav, who succeeded to flee away, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T