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Patna High CourtCR. MISC./7865/2022allowed

Rambilash Yadav v. The State Of Bihar

2022-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7865 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- GHOSWARI District- Patna ====================================================== Rambilash Yadav Son of Lakhan Yadav R/o Village- Alinagar Paijuna, P.S.- Ghoshwari, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhim Sen Prasad For the Opposite Party/s :

Mr. Shailendra Kumar Mr. Anuj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioner apprehends his arrest in Goshwari P.S. Case No.70 of 2021, registered for the offences punishable under Sections 147, 148, 1489, 302 and 120(B) of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused persons made indiscriminate firing upon the son of the informant. One of the accused shot his son, who died on the way to hospital.

Learned counsel for the petitioner submits that the petitioners is innocent and has falsely been implicated in the present case. It is further submitted that similarly situated co-

Patna High Court CR. MISC. No.7865 of 2022(2) dt.01-08-2022 2/2 accused, Naval Yadav has already been granted anticipatory bail by this Court vide order dated 27.07.2022, passed in Cr. Misc. No.1294 of 2022. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that similarly situated co-accused, Naval Yadav has already been enlarged on anticipatory bail by this Court, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, Patna in connection with Goshwari P.S. Case No.70 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T