Abhay Kumar Yadav @ Abhay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47698 of 2018 Arising Out of PS.Case No. -80 Year- 2018 Thana -SANGRAMPUR District- MUNGER ====================================================== Abhay Kumar Yadav @ Abhay Yadav S/o Sitaram Yadav, R/o Vill.- Birajpur, P.S.- Sangrampur (Tetiabambar), District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 307, 120(B), 109, 506 and 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that in course of irrigating the field, the accused persons came to the field of informant and demanded rangdari and on refusal, the informant was fired upon by the accused persons..

It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case due to previous

Patna High Court Cr.Misc. No.47698 of 2018 (3) dt.05-10-2018 enmity. The informant is an accused in a case which was instituted with regard to murder of brother of the petitioner. The present case has been instituted only with a view to put pressure upon the petitioner and his family members.

On behalf of the State and the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The specific allegation of firing upon the informant is alleged against the petitioner. The injury report also supports the allegations, made in the FIR.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Sangrampur (Tetiabambar) P.S. Case No. 80 of 2018 is rejected.

If the petitioner surrenders in the court below, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V./- U T