Patna High CourtCR. MISC./72687/2019disposed

Dasho Yadav v. The State Of Bihar

2019-11-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72687 of 2019 Arising Out of PS. Case No.-542 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== DASHO YADAV Son of Late Ram Chalitra Yadav @ Chalitra Yadav Resident of Village - Kamasthan, P.S.- Salkhua ( Kabira ), District - Saharsa. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 Learned counsel for the petitioner is permitted to make necessary correction in paragraph-7 of the petition in the course of the day.

Petitioner seeks bail in anticipation of his arrest in connection with Khagaria P.S. Case No. 542 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR the accused persons, including the petitioner surrounded the deceased and it said that one Rajesh Yadav and Pappu Yadav made firing.

Submission of learned counsel for the petitioner is that co-accused Kiro Yadav, who was order-giver, has been granted anticipatory bail and no specific allegation has been attributed against the petitioner of firing at the deceased and the

Patna High Court CR. MISC. No.72687 of 2019(2) dt.18-11-2019 2/2 accused who fired at the deceased has already been granted regular bail.

Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner.

In view of above facts and circumstances, this application is disposed of with direction to the petitioner to surrender and pray for regular bail, which shall be considered on the basis of materials available in the case diary as well as the fact that co-accused Rajesh Yadav has already been granted regular bail by co-ordinate Bench of this Court and, if possible, to be disposed of on the same day.

(Vinod Kumar Sinha, J) spal/- U T