Patna High CourtCR. MISC./32961/2018dismissed

Uday Yadav v. The State Of Bihar

2018-08-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32961 of 2018 Arising Out of PS.Case No. -249 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Uday Yadav S/o Ramdev Yadav, R/o Vill.- Matokhar, P.S. + DistrictSheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sheikhpura P.S.Case no.249 of 2017 registered for offences punishable under Sections 307, 429/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he and other accused persons made indiscriminately firing hitting calf of the buffalo, which died.

Submission of the learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner and the calf of the buffalo died due to the gun shot injury. Heard learned A.P.P., who has opposed the prayer for bail stating that there is allegation against the petitioner of firing.

Patna High Court Cr.Misc. No.32961 of 2018 (5) dt.03-08-2018 2/2 Moreover the petitioner is accused in four other cases also. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner 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 without being prejudiced by the order of this Court, if possible on the same day.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T