Daldi Yadav @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12692 of 2023 Arising Out of PS. Case No.-324 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== DALDI YADAV @ ADITYA KUMAR SON OF RAMESH RAI @ RAMESH KUMAR YADAV @ RAMESH KUMAR SINGH R/O VILLAGE- RAMPUR, P.S.- CHANDI, DISTRICT- BHOJPUR AT ARA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, Sunny Yadav along with this petitioner, came to the house of the informant and fired with pistol which hit on shoulder of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in

Patna High Court CR. MISC. No.12692 of 2023(2) dt.28-04-2023 2/2 nature. Nothing has been recovered from their physical possession of the petitioner. There is specific allegation of firing against co-accused Sunny Yadav, as a result of which the informant received fired arm injury. Petitioner has five criminal antecedents as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Koilwar P.S. Case No. 324 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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