Anish Yadav @ Anish Kumar @ Ashish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6475 of 2025 Arising Out of PS. Case No.-146 Year-2024 Thana- DINARA District- Rohtas ====================================================== Anish Yadav @ Anish Kumar @ Ashish Yadav S/o- Jalim Singh Resident of Village- Bhanas P S- Dinara Bhanas District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pandey, Adv For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Dinara (Bhanas) P.S. Case No. 146 of 2024 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is to assault informant and others alongwith other co-accused persons/family members causing bodily injuries, it is further
Patna High Court CR. MISC. No.6475 of 2025(2) dt.28-03-2025 2/3 alleged that during the course of occurrence co-accused persons open fired upon informant and others, where occurrence alleged to arises out of neighborhood disputes and differences.
4. Learned counsel appearing on behalf of the petitioner submitted that as per narration of FIR petitioner was standing during the occurrence having rifle in his hand and did not open fire during the occurrence, rather same allegation stands available against co-accused Rameshwar Singh @ Lallu Singh, who has already granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 57480 of 2024 dated 24.09.2024, having criminal antecedents also. It is pointed out that there is no allegation of firing against this petitioner, who is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by taking note of the fact as prima facie, allegation of firing is not available against this petitioner, who is a man of clean
Patna High Court CR. MISC. No.6475 of 2025(2) dt.28-03-2025 3/3 antecedent, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Bikramganj, Rohtas/concerned Trial Court where the case is pending in connection with Dinara (Bhanas) P.S. Case No. 146 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T