Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4899 of 2022 Arising Out of PS. Case No.-127 Year-2021 Thana- MEHANDIGANJ District- Patna ====================================================== 1.

CHHOTU YADAV SON OF RAMBALAK YADAV R/O VILLAGERANIPUR PANI TANKI, P.S.- MEHANDIGANJ, DISTRICT- PATNA 2.

MANOJ KUMAR @ MANOJ YADAV SON OF LATE SHIVBALAK YADAV R/O VILLAGE- RANIPUR PANI TANKI, P.S.- MEHANDIGANJ, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 It is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no. 2 has been arrested and, as such, he seeks permission to withdraw this application.

In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 2. So far as petitioner no. 1 is concerned, the instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mehandiganj P.S. Case no. 127 of 2021 instituted for the offence under Sections 147, 148, 149, 323, 427, 341, 307, 387, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.4899 of 2022(2) dt.02-08-2022 2/3 As per allegation in the FIR, accused persons including the petitioner destroyed the new erected boundry wall with JCB and on protest co-accused Ratan Yadav opened fire, which hit none.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of opening fire is against co-accused Ratan Yadav and not against this petitioner. No one has received fire arm injury. He has got no criminal antecedent. General and omnibus allegations have been levelled against the petitioner. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no. 1 on bail. The petitioner no. 1 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Mehandiganj P.S. Case no. 127 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Patna City subject to the conditions as laid down under

Patna High Court CR. MISC. No.4899 of 2022(2) dt.02-08-2022 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U