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Patna High CourtCR. MISC./21019/2023allowed

Anjani Kumar Yadav @ Anjan Kumar @ Anjani Singh v. The State Of Bihar

2023-05-18Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21019 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- BARUN District- Aurangabad ====================================================== Anjani Kumar Yadav @ Anjan Kumar @ Anjani Singh Son of Late Naresh Yadav @ Ram Naresh Singh R/V- Bahuti, P.S- Barun, Dist- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari, Advocate For the State :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Barun P.S. Case No. 289 of 2022 registered for the offence punishable under Sections 147, 148, 149, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act, 1959. As per prosecution case, 14 named accused persons including the petitioner and 10 other unknown persons carrying gun and other weapons entered into the field of the informant with an intention to grab the land of the informant and wanted to take possession by force and on objection of the informant, petitioner fired upon the son of informant, namely, Akhilesh Yadav causing injury to him.

Patna High Court CR. MISC. No.21019 of 2023(2) dt.18-05-2023 2/3 Learned counsel for the petitioner submits that there is land dispute between the parties and there is case and counter case for the said occurrence in which petitioners side have also got injury. He has further submitted that there is specific allegation against the petitioner of firing upon the injured person, namely, Akhilesh Yadav but the same is not corroborated with the injuries found on the person injured as no fire arm injuries have been found in the medical report rather lacerated injuries caused by hard and blunt substance have been found. It is stated that the petitioner is innocent and he has falsely been implicated in this case. It is further submitted that petitioner has no criminal antecedent. He is in jail custody since 09.12.2022. Charge sheet has already been submitted and there is no chance of absconding of the petitioner or tampering with the evidence.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail 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

Patna High Court CR. MISC. No.21019 of 2023(2) dt.18-05-2023 3/3 Magistrate, Aurangabad (Bihar) in connection with Barun P.S. Case No.289 of 2022.

(Sunil Dutta Mishra, J) shweta/- U T