Suresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 15159 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- Harnaut District- Nalanda ======================================================
1. Suresh Yadav, aged about 50 years (male)
2. Nago Yadav, aged about 40 years (male), both sons of Late Bangali Yadav, resident of Village Falanwan also known as Falhanwan, P.S. Harnaut, Distt. Nalanda ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-09-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Harnaut P.S. Case No. 11 of 2020 registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.
As per allegation in the FIR, over a minor dispute relating to wastage of food in Shradh ceremony, it is stated that while two petitioners herein caught hold of the informant, the two accused namely Brajesh Yadav and Dinesh Yadav fired on him as a result of which he sustained injury on his chest and fell down. It is submitted by learned counsel for the petitioners that no overt act is alleged against the petitioners. From the injury report of the informant, which is Annexure-2 series to this petition, the doctor has opined that simple injury was caused by
Patna High Court CR. MISC. No.15159 of 2020(3) dt.09-09-2020 2/3 blunt substance. Thus, the injury report does not support the allegation as alleged in the FIR. It is submitted that petitioners have no criminal antecedent and co-accused Brajesh Yadav and Dinesh Yadav have been enlarged on anticipatory bail vide order dated 13.7.2020 passed in Cr. Misc. No. 15902 of 2020. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to the co-accused, the Court is inclined to enlarge the petitioners on anticipatory bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Harnaut P.S. Case No. 11 of 2020, they shall be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/ (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Sushma/- U T
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