Kalyan Yadav @ Kalyan Chand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12379 of 2023 Arising Out of PS. Case No.-186 Year-2017 Thana- DARAUNDA District- Siwan ====================================================== KALYAN YADAV @ KALYAN CHAND YADAV Son of Late Gena Yadav R/o Village - Divi, P.S.- M. H. Nagar, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Daraunda (M.H. Nagar) P.S. Case No.186 of 2017, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner alongwith other co-accused persons is said to have stopped the informant. It is also alleged that petitioner shot fire upon the informant, but the bullet did not hit him.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.12379 of 2023(2) dt.11-05-2023 2/2 that the specific allegation of killing the uncle of the informant is against co-accused, Nanhe Yadav and Lali Yadav. It is also submitted that no specific overt act is alleged against the petitioner.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the fact that no specific overt act is alleged against the petitioner, 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 A.C.J.M.-I, Siwan in connection with Daraunda (M.H. Nagar) P.S. Case No.186 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T