Vijay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13078 of 2019 Arising Out of PS. Case No.-224 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Vijay Yadav, Son of Chandeshwar Yadav Resident of Village - Kandi, P.S.- Chandauti, Distt.- Gaya.

2.

Vikash Kumar Son of Vijay Yadav Resident of Village - Kandi, P.S.- Chandauti, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate.

For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-03-2019 Mr. Anupam Raj, learned advocate has filed Vakalatnama on behalf of the informant during the course of argument.

Let it be taken on record.

Heard the learned counsel for the petitioners, the informant and the State.

After some arguments, learned counsel for the petitioner seeks permission to withdraw the application with respect to petitioner no. 1.

The prayer is allowed.

The application of petitioner no. 1 is dismissed as withdrawn. However, it is observed that if the petitioner no. 1 surrenders before the court below and seeks bail, the court below shall take into account that though he is alleged to have resorted to firing but the injuries suffered

Patna High Court CR. MISC. No.13078 of 2019(2) dt.06-03-2019 2/2 by the informant has been opined to have been caused by hard and blunt substance and that there is admitted land dispute between the parties and shall pass orders in accordance with law, without being prejudiced by the present withdrawal of the anticipatory bail of the petitioner no. 1.

The petitioner no. 2 seeks bail in anticipation of his arrest in connection with Chandauti P.S. Case No. 224 of 2018 dated 18.10.2018 instituted for the offences under Sections 341, 323, 307 and 504 of the Indian Penal Code and under Section 27 of the Arms Act.

Regard being had to the fact that nothing specific has been attributed against him and that he is a person of clean antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 224 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T