Chandradeo Yadav @ Chandradeo Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18808 of 2023 Arising Out of PS. Case No.-142 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== Chandradeo Yadav @ Chandradeo Prasad Yadav Son Of Late Jageshwar Yadav @ Late Jageshwar Prasad Resident Of Village- Bandehra, Ps- Pasraha, Distt- Khagaria At Present Resident Of Mohalla- Baluahi Ward No. 30 PsKhagaria, Distt- Khagari A ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Viveka Nandsingh, Advocate.
For the Opposite Party/s :
Mr.Jai Narain Thakur, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-06-2023 Heard Mr. Viveka Nand Singh, learned counsel appearing on behalf of the petitioner and Mr. Jai Narain Thakur, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Pasraha P.S. Case No. 142 of 2019 registered for the offence punishable under Sections 147, 148, 149, 307, 323, 325, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution story, in brief, is that on the order of the petitioner, other co-accused named in the F.I.R. fired indiscriminately on the informant, due to which the informant sustained fire arm injuries on his right shoulder, right hand and neck.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.18808 of 2023(2) dt.12-06-2023 2/3 petitioner submits that the petitioner is a practicing lawyer and allegation made in the F.I.R. is not sustainable so far as the petitioner is concerned. The son of the petitioner had contested Panchayat election against the wife of the informant and due to said rivalry, the petitioner has been dragged in the present case on false accusations. He further submits that police has already submitted final form. It is informed on behalf of the petitioner that the informant has several criminal antecedent and to that effect specific statement is made in Para-19 of the bail application.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the F.I.R. as well as the fact that the petitioner is a practicing lawyer aged about 72 years and specific allegation of assault is against other co-accused to which petitioner is not at all responsible. The petitioner, above named, is directed to be released on prearrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria in connection with
Patna High Court CR. MISC. No.18808 of 2023(2) dt.12-06-2023 3/3 Pasraha P.S. Case No. 142 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T