Kappu Yadav @ Kappu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13938 of 2021 Arising Out of PS. Case No.-456 Year-2020 Thana- RANIGANJ District- Araria ====================================================== 1.

KAPPU YADAV @ KAPPU KUMAR YADAV S/O Sadanand Yadav Resident of Village - Koshkapur North, P.S. - Raniganj, District - Araria. 2.

Suwanand Tatma S/O- Late Radhe Tatma Resident of Village - Koshkapur North, P.S. - Raniganj, District - Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr. Md. Fahumuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Raniganj P.S. Case No. 456 of 2020 registered for the offence under Sections 341, 307, 447, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, in the backdrop of payment of wages, the dispute arose and in consequence thereof, the accused persons named in the FIR along with three unknown persons came at the

Patna High Court CR. MISC. No.13938 of 2021(2) dt.24-02-2022 2/3 door of the informant riding on motorcycle and abused him. On protest, one Madhav Yadav shot upon him by fire-arm with intention to kill him which crossed above the shoulder of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The specific allegation is against the coaccused, Madhav Yadav who is alleged to have fired upon the informant.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria in

Patna High Court CR. MISC. No.13938 of 2021(2) dt.24-02-2022 3/3 connection with Raniganj P.S. Case No. 456 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T