Anil Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19970 of 2018 Arising Out of PS.Case No. -391 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================
1. Anil Yadav, S/o Ram Bilash Yadav, R/o Village- Pokhra, P.S.- N.M.C.H. District- Gaya.
2. Dharmendra Yadav S/o Late Suresh Yadav, R/o Village- Dindayal Nagar, P.S.- M.M.C.H., District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Bodh Gaya (Chekri) P.S.Case nO.391 of 2017 registered for offences punishable under Sections 342, 323, 326, 307 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is of firing on the deceased causing his death.
Submission of the learned counsel for the petitioners is that FIR itself shows that the manner of occurrence is not probable and they have been falsely implicated in this case. Heard learned A.P.P. and the learned counsel for the
Patna High Court Cr.Misc. No.19970 of 2018 (3) dt.16-05-2018 2/2 informant. They have opposed the prayer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of the anticipatory bail to the petitioner rather let the petitioners 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.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T