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Patna High CourtCR. MISC./18298/2022bail rejected

Baleshwar Yadav v. The State Of Bihar

2022-08-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18298 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- BITHAN BAZAR District- Samastipur ====================================================== Baleshwar Yadav Son of Ram Sundar Yadav Resident of village - Salha Bajurg, P.S. - Bithan, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2022 Heard both parties.

The petitioner apprehends his arrest in Bithan P.S. Case No. 141 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 332, 365, 333, 153, 353, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, this petitioner is alleged to have opened fire from the roof of his house, but no one sustained firearm injury.

It is submitted that there was free fight between the two groups, as a result of which both sides sustained injury. Though, there is allegation of firing against the petitioner, but no body sustained firearm injury.

Counsel for State opposed the prayer for bail and

Patna High Court CR. MISC. No.18298 of 2022(2) dt.29-08-2022 2/2 submitted that there is specific and direct allegation of firing and petitioner has got five criminal antecedents. Considering the facts aforesaid and nature of accusation, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

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