Prabhat Ranjan @ Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22487 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -PANDAUL District- MADHUBANI ====================================================== Prabhat Ranjan @ Mantu Yadav son of Bimal Deo Yadav, Resident of village- Raghunathpur, P.S. Pandaul, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Anand Kishore Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-05-2016 Heard learned counsels for the petitioner State and the informant.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and 25(1-B)a/26/35 of the Arms Act.

The prosecution case is that the accused persons were levelling their land when the informant wanted to say something to co-accused Bimal Yadav then all the accused persons attacked on the informant. It is specifically alleged that this petitioner resorted to fire, but since the informant raised the

Patna High Court Cr.Misc. No.22487 of 2016 (2) dt.19-05-2016 2/3 hand of the petitioner, no injury was caused and subsequently the petitioner handed over the arms to Bhola Yadav. A country made pistol was handed over to the police by Ram Udgar Yadav, who admitted that he brought the firearm from the possession of Bhola Yadav.

It is submitted by learned counsel for the petitioner that the petitioner is agnate of the informant and in the background of land dispute the accusation has been levelled. Admittedly no injury was caused to any one and firearm was produced from the possession of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

It is submitted by learned counsel for the informant that this much is admitted that the petitioner resorted to fire.

Considering the fact that no injury was caused to anyone, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with

Patna High Court Cr.Misc. No.22487 of 2016 (2) dt.19-05-2016 3/3 Pandaul P.S. Case No. 29 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T