Binod Yadav @ Vinod Kumar Yadav @ Binod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15142 of 2023 Arising Out of PS. Case No.-109 Year-2022 Thana- GADHPURA District- Begusarai ====================================================== Binod Yadav @ Vinod Kumar Yadav @ Binod Kumar Yadav Son Of Upendra Yadav R/V- Manikpur- Rajaur, P.S- Gadhpura Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia Mr. Vinod Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 354(A), 379, 307, 504, 506 and 34 of the Indian Penal Code. Allegation against the petitioner is that he fired upon the informant, but the bullet passes by touching his thigh. It is further alleged that petitioner along with other co-accused tried to outrage the modesty of the daughter-in-law of the informant. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is land dispute between the parties and Title Suit No. 09 of 2022 is pending in the learned court below. He

Patna High Court CR. MISC. No.15142 of 2023(2) dt.16-05-2023 2/2 submits that the injury was found simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that process of 82 and 83 of the Cr.P.C. has been issued against the petitioner.

Considering the facts and circumstances of the case and the fact that the allegation against the petitioner it that he fired upon the informant but the informant has not sustained any firearm injury, 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 Court below where the case is pending/successor Court in connection with Gadhpura P.S. Case No. 109 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T