Hind Keshri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29987 of 2018 Arising Out of PS. Case No.-225 Year-2017 Thana- MINAPUR District- Muzaffarpur ====================================================== Hind Keshri Yadav S/o Late Naresh Rai, R/o Vill.- Chhapra, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Punam Shrivastava, Adv.

For the State :

Mr. Abhay Kumar Roy, APP 229 For the informant :

Mr. Abhay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner, the informant and learned APP for the State.

Petitioner apprehends his arrest in connection with Minapur (Muzaffarpur) P.S. Case No. 225 of 2017 instituted for the offence under Sections 447 and 307/34 of the Indian Penal Code and 3 and 4 of the Explosive Substances Act. It is alleged in the written report that on the date of occurrence the son of the informant was watering the field. In the meantime, the petitioner and other accused persons armed with weapons arrived and started ploughing the field with tractor. The son of informant opposed then the accused persons started firing. The informant, his son and some family members of the informant came near the field, then, this

Patna High Court Cr.Misc. No.29987 of 2018(4) dt.10-07-2018 2/3 petitioner made firing by fire arm. It is further alleged that Birju Rai and Ram Balak Rai threw bomb and Sant Lal Rai ploughed the field with tractor. Due to firing, informant sustained injury on his neck, Dibyandhu Kumar sustained injury on his head, right cheek, neck and chest. The case diary has been received.

Learned Additional Public Prosecutor and the counsel for the informant have submitted that the injury report has been mentioned in paragraphs 120 and 121 of the case diary wherein doctor has found gun shot injury. There is specific allegation against the petitioner of making firing upon the informant.

Learned counsel for the petitioner submits that some of the accused persons have been granted anticipatory bail vide Cr. Misc. No. 55984 of 2017 by a coordinate Bench of this Court.

There is specific allegation against the petitioner of making firing upon the informant. Therefore, this Court is not inclined to grant anticipatory bail to petitioner. The prayer for anticipatory bail of the petitioner is rejected.

Patna High Court Cr.Misc. No.29987 of 2018(4) dt.10-07-2018 3/3 The petitioner is directed to surrender before the Court below and pray for regular, which shall be considered on its own merit and without being prejudiced of this order, preferably on the same day.

(Sanjay Priya, J) Shamshad/- U T