Harendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5129 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- MURAR District- Buxar ====================================================== Harendra Yadav S/O Late Ramdhani Yadav R/O Village- Aamsari, P.S- Murar, Distt.- Buxar, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mithilesh Kumar Rai For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Murar P.S. Case No. 87 of 2024 dt: 27.11.2024 registered for the offence under Section 109(1), 292, 223, 125, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27, 25(1) of the Arms Act.
3. As per the first information report on 27.11.2024 the Police Officer / I.O. received a video showing celebratory gun firing in a wedding ceremony and arrested one Awadhesh Kumar @ Sukhari Yadav who disclosed that the gun belongs to Dashrath Yadav from which firing was made by him.
4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence in the manner
Patna High Court CR. MISC. No.5129 of 2025(2) dt.17-03-2025 2/3 alleged. He submits that no allegation of celebratory gun firing has been made against the petitioner and the thrust of allegation is attributed to the co-accused / Awadhesh Kumar @ Sukhari Yadav, who is the Samadhi of the petitioner being instrumental in celebratory gun firing and he has been released on personal bond. He next submits that Police has implicated the petitioner merely because he is the father of the bride and tilak ceremony was organized at his residence where the co-accused made celebratory gunfire. The petitioner has no criminal antecedent.
5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that the co-accused who is alleged to have made celebratory gunfire has been released on personal bond and the petitioner is having no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Shalabh Sharma, learned Judicial Magistrate 1st Class, Buxar in connection with Murar P.S. Case No. 87 of 2024 subject to the
Patna High Court CR. MISC. No.5129 of 2025(2) dt.17-03-2025 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T