Tarun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22045 of 2024 Arising Out of PS. Case No.-658 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Tarun Yadav S/O Vilas Yadav R/O Village- Laxmipur, Ahuatol, P.SGangour, Distt.- Khagaria 2.
Mohan Yadav S/O Vilas Yadav R/O Village- Laxmipur, Ahuatol, P.SGangour, Distt.- Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in Khagaria (Gangour) P.S. Case No. 658 of 2023 registered for the offences punishable under Sections 307, 353/34 of the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of the Arms Act.
3. As per the prosecution case, it is alleged that the petitioners along with other co-accused fired on the police party.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.22045 of 2024(2) dt.04-04-2024 2/2 He submits that no one has sustained injury in the present case, therefore no offence under Sections 307/34 of I.P.C. is made out against the petitioners. He further submits that the apprehended person disclosed the name of the petitioners. The petitioners have four criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioners are also involved in the present case.
6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected.
7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) anand/- U T