Patna High CourtCR. MISC./17601/2021disposed

Chand Yadav v. The State Of Bihar

2022-04-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17601 of 2021 Arising Out of PS. Case No.-169 Year-2018 Thana- MAHESHKHUNT District- Khagaria ====================================================== Chand Yadav, aged about 46 years (Male), S/O Late Hariballabh Yadav R/o village- Chukti, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nand Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-04-2022 Heard Mr. Vivekanand Singh, learned advocate for the petitioner. The State is represented by learned APP. The petitioner seeks bail in anticipation of his arrest in connection with Maheshkhunt P.S. Case No. 169 of 2018 dated 30.11.2018 instituted for the offences under Sections 323, 341, 504, 506, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner and several others are said to have opened fire as a result of which three persons are alleged to have been injured. However no injury report is part of the investigation papers. It has further been submitted on behalf of the petitioner that this false case has been lodged against him because he happens to be the younger brother of the husband of the local MLA namely Poonam Yadav. Precisely for this reason,

Patna High Court CR. MISC. No.17601 of 2021(5) dt.04-04-2022 2/2 he was earlier made accused in several cases but in all such cases, he is on bail or has been acquitted.

Three other persons with exactly similar accusation have been granted bail by different Benches of this Court. It has also been submitted that from very perusal of the F.I.R., it appears that there is a land dispute between the parties and the Informant has maliciously converted a civil dispute into a criminal case.

Considering these aspects of the matter, the petitioner was granted provisional bail vide order dated 27.01.2022. In the absence of anything otherwise reported in the case diary, the provisional bail granted to the petitioner is hereby confirmed. The petitioner shall remain on the same bail bonds. The application stands allowed accordingly.

(Ashutosh Kumar, J) rishi/- U T