Gulsharan @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.279 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Gulsharan @ Manoj Yadav, Son of Late Gajendra Yadav, Resident of Village- Belha Ghat, Ward No.01, Police Station and District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Kumar For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioner apprehends his arrest in Madhepura P.S. Case No.97 of 2017 registered under Sections 447, 448, 341, 323, 427/34 of the Indian Penal Code.

The informant alleged that the petitioner along with other accused persons made indiscriminate fire. Chandra Kishore Yadav is alleged to have assaulted the informant with iron rod on his head.

The learned counsel for the petitioner submits that there is no specific allegation against the petitioner, Chandra Kishore Yadav, is said to have assaulted the informant. Form perusal of the FIR, it appears that informant alleged that the petitioner and other accused made indiscriminate firing

Patna High Court Cr.Misc. No.279 of 2018 (2) dt.15-01-2018 2/2 only for grabbing the land of the informant.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail is rejected.

The petitioner is directed to surrender before the Court below and the Court below shall consider the prayer for regular bail on its own merit.

(Prabhat Kumar Jha, J) Sanjeev/- U T