Vijay Kumar @ Vijay Kumar Yadav v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30264 of 2015 Arising Out of PS.Case No. -131 Year- 2014 Thana -BEUR District- PATNA ======================================================
1. Vijay Kumar @ Vijay Kumar Yadav S/o Sri Krishna Rai resident of Village- makhdumpur, P.s Beur, District patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-12-2015 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State.
Petitioner is apprehending his arrest in connection with Beur P.S Case No. 131 of 2014, registered for offences punishable under Sections 302, 34, 386, 384, 342, 341, 109 and 114 of the Indian Penal Code and under Section 27 of the Arms Act. Learned Counsel for the petitioner submits that the name of the petitioner has only been brought into this case because he is the father of the accused Chandan Yadav. He further submits that though there is a mention in the FIR that the petitioner had also fired, the postmortem report indicates that there was only one wound of entry and one wound of exit, thus the allegation that the petitioner also fired is misconceived.
Learned Counsel appearing on behalf of the State submits
Patna High Court Cr.Misc. No.30264 of 2015 (5) dt.22-12-2015 2 / 22 that there is a history of litigation between the parties and there were case and counter case which lead to the bitter fight between the parties and the father of the petitioner in the present case is also actively participating in the same as has surfaced in the several paragraphs of the case diary.
Considering the nature of allegation and severity of the acts of criminality being indulged by the parties, I am not inclined to grant anticipatory bail to the petitioner, which is, accordingly, rejected.
(Anjana Mishra, J) sunil/- U T