Rakesh Kumar Yadav @ Rakesh Yadav @ Phocas Yadav @ Fokas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21503 of 2018 Arising Out of PS.Case No. -211 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Rakesh Kumar Yadav @ Rakesh Yadav @ Phocas Yadav @ Fokas Yadav Son of Shatrughana Yadav@ Shatrudhan Yadav Resident of VillageSakhwa, P.S. Bithan, District Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sarbottam Kumar Sarkar Mr. Bhubneshwar Prasad, Advocates For the State : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks anticipatory bail in a case registered for the offence punishable under Sections 302, 379, 120B of the Indian Penal Code.

According to the FIR, the petitioner and others actively participated in the murder of Lalit Yadav.

Submission of the learned counsel for the petitioner is that in fact, there is no eye witness of the occurrence and, false implication is there due to the reason that murder of the brother of petitioner was committed by the deceased in the past. The deceased was himself a man of criminal antecedent.

Patna High Court Cr.Misc. No.21503 of 2018 (5) dt.29-05-2018 Two eye witnesses have supported the allegation. Considering the entire facts, I do not feel inclined to grant anticipatory bail to the petitioner. Hence, prayer for anticipatory bail of the petitioner in connection with Kusheshwar Asthan P.S. Case No. 211 of 2016, stands rejected. (Birendra Kumar, J) A.K.V./- U