Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45182 of 2018 Arising Out of PS. Case No.-14 Year-2016 Thana- ATRI District- Gaya ====================================================== Bhushan Yadav son of Phonu Yadav, resident of Village- Dhushari, P.S.- Atri, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Atri P.S. case no. 14/2016 instituted for the offence under Section(s) 147,148,149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that while brother of the informant was returning after making payment to the labourer in the way accused persons including this petitioner came on motorcycle and indiscriminately made firing on the brother of the informant on account of which he died on the spot. Case diary has been received wherein postmortem report is available which shows that brother of the informant has sustained three injuries on his person. All the injuries were on

Patna High Court Cr.Misc. No.45182 of 2018(3) dt.25-08-2018 2/2 the vital part of the body. Injury no.( c) is firearm injury which was serious in nature on the person of the deceased. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T