Patna High CourtCR. MISC./73010/2018rejected

Mohit Yadav @ Bhanu Yadav v. The State Of Bihar

2018-12-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73010 of 2018 Arising Out of PS. Case No.-245 Year-2018 Thana- KATIHAR District- Katihar ====================================================== Mohit Yadav @ Bhanu Yadav, S/o Dhurendra Yadav, Resident of VillageNaya Tola, Ward no.35 (Samudayik Bhawan) P.S.-Nagar, Dist-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Chandra Patel For the Opposite Party/s :

Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Katihar Town P.S. Case No. 245 of 2018, disclosing offences under Sections 341, 326 and 307/34 of the Indian Penal Code. Learned counsel, appearing on behalf of the petitioner, has submitted that there is allegation against the coaccused Vishal Mandal of having given a dagger blow, but there is no such allegation against this petitioner. I have perused the FIR, from which it appears that the allegation is that the petitioner had caught hold of the victim, whereafter the co-accused Vishal Mandal had given the victim a dagger blow.

Considering the nature of allegation and active

Patna High Court Cr.Misc. No.73010 of 2018(2) dt.18-12-2018 2/2 participation of the petitioner in the commission of offence, including demand of money, I do not find it a fit case for grant of anticipatory bail to this petitioner. This application is accordingly rejected.

The petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application. (Chakradhari Sharan Singh, J) HR/- U T