Hriday Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26845 of 2018 Arising Out of PS.Case No. -274 Year- 2017 Thana -NAUBATPUR District- PATNA ======================================================
1. Hriday Yadav, Son of Murari Yadav, resident of Village- Bala Thakur, P.S. Naubatpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Naubatpur P.S.Case No.274 of 2017 dated 5.9.2017 registered for offences punishable under Sections 147, 148, 149, 323, 324, 325, 326, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner and other accused persons is of assault by Hasuli, Talwar and other weapons. The petitioner is named in the FIR.
Submission of the learned counsel for the petitioner is that there is case and counter case, land dispute between the parties and no specific allegation has been attributed. Heard learned A.P.P. and the learned counsel for the
Patna High Court Cr.Misc. No.26845 of 2018 (3) dt.17-05-2018 2/2 informant. They have opposed the prayer for bail stating that the prayer of the persons having similar allegation has already been rejected by this Court as well as by the other Court, vide order dated 15.5.2018 passed in Cr. Misc. No.25180 of 2018 and order dated 27.4.2018 passed in cr. Misc. No.22823 of 2018. There was sharp weapon cutting injury on the person of the deceased. Having heard both sides. In my opinion, this is not a case for grant of anticipatory bail rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T