Mahendra Yadav vs The State Of Bihar
2021 Latest Caselaw 1570 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33934 of 2020
   Arising Out of PS. Case No.-74 Year-2020 Thana- MANIGACHI District- Darbhanga
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Mahendra Yadav, Male, aged about 66 years, Son of Late Mahvir Yadav Resident of Village - Chak Chinta Manipur, P.S.- Manigachhi, Distt.- Darbhanga.

... ... Petitioner/s Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Devendra Kumar Sinha, Sr. Advocate with
                                Mr. Girish Chandra Jha, Advocate
For the State           :       Ms. Rina Sinha, APP
For the Informant       :       Mr. Rajesh Kumar Singh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL JUDGMENT Date : 19-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Devendra Kumar Sinha, learned senior

counsel along with Mr. Girish Chandra Jha, learned counsel for

the petitioner; Ms. Rina Sinha, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State

and Mr. Rajesh Kumar Singh, learned counsel for the informant.

3. The petitioner apprehends arrest in connection with

Manigachhi (Bajitpur OP) PS Case No. 74 of 2020 dated

22.03.2020, instituted under Sections 147/ 148/ 149/ 504/ 506/

302/ 120B of the Indian Penal Code and 27 of the Arms Act, Patna High Court CR. MISC. No.33934 of 2020 dt.19-03-2021

1959.

4. The allegation against the petitioner and others is of

killing the father of the informant who was the local Pramukh.

5. Learned counsel for the petitioner submitted that he

has been falsely implicated due to village politics as he was also

an elected representative earlier. Learned counsel submitted that

the petitioner may have many cases against him but in all he has

been acquitted. Learned counsel submitted that even as per the

FIR he is the order giver.

6. Learned APP submitted that besides the petitioner

having antecedent of 12 cases against him under serious

sections including Sections 307/395 of the Indian Penal Code, is

the person who has extorted the others to kill the father of the

informant which has resulted in assault and death.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. However, on prayer made by learned counsel for the

petitioner, the Court would observe that if the petitioner

surrenders before the Court below and prays for bail within four

weeks from today, the same shall be considered on its own Patna High Court CR. MISC. No.33934 of 2020 dt.19-03-2021

merits, in accordance with law, without being prejudiced by the

present order.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T