Praveen Yadav @ Parvin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21516 of 2018 Arising Out of PS.Case No. -231 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Praveen Yadav @ Parvin Yadav S/o Sri Rasik Lal Yadav, Permanent R/o Vill.- Kewatgama, P.S.- Kusheshwar Asthan, District- Darbhanga, at present House No.-C- 200, Ground Floor, Gali No. 7, Near Jain Dharamshala, Garhi Mendu, Seelampur, P.S.- New Usmanpur, North East Delhi, Delhi.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rohit Kumar with Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner.
Petitioner apprehends his arrest in connection with Kusheshwar Asthan P.S. Case No. 231 of 2016, G.R.No. 880 of 2016, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner and others is of firing on the deceased, causing his death.
Submission of learned counsel for the petitioner is that allegation against the petitioner is of catching hold of the deceased and there is no allegation of firing against him. Heard learned APP and learned counsel for the
Patna High Court Cr.Misc. No.21516 of 2018 (4) dt.09-05-2018 2/2 informant. Learned counsel for the informant draws my attention towards impugned order showing that it is the petitioner who fired at the deceased and killed him and post mortem report says so. Having heard both sides and in the facts and circumstances, this is not a fit case for grant of privilege of anticipatory bail, rather petitioner to surrender and pray for regular bail, which shall be considered on its own merit. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U