Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12910 of 2019 Arising Out of PS. Case No.-359 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Manoj Yadav, Son of Late Dhunmun Yadav R/o village- Shekhpur Chaman , Gosai Tola, P.S- Udakisunganj, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Udakisunganj P.S. Case No.359 of 2018 registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case as per the written report of Sonu Kumar submitted to S.H.O. Udakishunganj P.S. is to the effect that on 25.11.2018 at about 4.30 P.M., the informant was returning from his agricultural field, in the meantime, two motorcycles and a Bolero vehicle tried to stop the vehicle of the informant and it is alleged that the petitioner fired on the vehicle of informant. It is submitted by learned counsel for the petitioner that for the alleged occurrence of 25.11.2018 at 4.30 P.M., the FIR has been registered on 26.11.2018. It is further submitted that earlier the

Patna High Court CR. MISC. No.12910 of 2019(2) dt.05-03-2019 2/2 petitioner had filed Madhepura P.S. Case No.935 of 2018 for the offences under Section 387, 504, 34 of the IPC against the informant and others, whereupon the informant in collusion with the police has lodged this false case against the petitioner as a retaliatory measure. It is further submitted that the petitioner is accused in six others cases and he is on bail in all those cases.

Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that there is specific allegation of firing against the petitioner.

Considering the nature of accusation made against the petitioner and a counter case being filed from the petitioner's side at earlier point of time, the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Udakisunganj, District-Madhepura in connection with Udakisunganj P.S. Case No.359 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T