Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16658 of 2023 Arising Out of PS. Case No.-63 Year-2020 Thana- OBRA District- Aurangabad ====================================================== 1.

Narayan Yadav Son of Late Ganauri Yadav Village Kusha Obra Ps- Obra Dist- Aurangabad 2.

Binod Yadav Son of Late Ganauri Yadav Village Kusha Obra Ps- Obra DistAurangabad 3.

Guddu Yadav Son of Late Shatrudhan Yadav Village Kusha Obra Ps- Obra Dist- Aurangabad 4.

Soharai Yadav Son of Satyanarayan Yadav Village Kusha Obra Ps- Obra Dist- Aurangabad 5.

Jitendra Yadav @ Jitendra Singh yadav son of Satyanarayan Yadav VillageKusha Obra Ps- Obra Dist- Aurangabad 6.

Mukesh Yadav Son of Satyanarayan Yadav Village- Kusha Obra Ps- Obra Dist- Aurangabad 7.

Manish Yadav Son of Binod Yadav Village- Kusha Obra Ps- Obra DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, on the alleged date and time

Patna High Court CR. MISC. No.16658 of 2023(2) dt.19-05-2023 2/3 of the occurrence, while the informant was feeding his cattle, all the F.I.R. named accused persons including these petitioners, having weapons, attacked him. It is alleged that at the instigation of petitioner No. 1, co-accused Ramesh Yadav opened fire on the informant. It is next alleged that co-accused persons also abused and assaulted the grand-father of the informant. It is further alleged that co-accused Satyanarayan Yadav also opened fire.

Learned counsel appearing for the petitioners submits that specific accusation of causing firing is against co-accused persons, namely, Satyanarayan Yadav and Ramesh Yadav. So far these petitioners are concerned, no allegation of firing is alleged against them and allegation of assault against them is general and omnibus. Moreover, there is no injury report on record. Petitioners have got clean antecedent.

Considering the nature of allegation, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Daudnagar, Aurangabad in

Patna High Court CR. MISC. No.16658 of 2023(2) dt.19-05-2023 3/3 connection with Obra P. S. Case No. 63 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T