Umesh Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2516 of 2018 Arising Out of PS.Case No. -45 Year- 2017 Thana -BASNAHI District- SAHARSA ======================================================

1. Umesh Yadav,

2. Kameshwar Yadav @ Kameshwar Pd. Yadav.

3. Dinesh Yadav,

4. Sudisht Kumar (Mukhiya Pati) @ Sudist Yadav, all son of Raghnandan Yadav, All resident of Village Mariya Burgaon Tola Police Station Basnahi and District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Basnahi P.S. Case No. 45 of 2017 registered for the offence punishable under Sections 307/ 34 and Section 27 of the Arms Act.

The allegation is regarding the accused persons assaulting the informant side and also firing gunshot resulting in injury to one Birbal Yadav.

The learned counsel for the petitioners submits that on account of personal enmity, the petitioners herein have been

Patna High Court Cr.Misc. No.2516 of 2018 (2) dt.24-01-2018 2/2 falsely implicated in the present case. It is further submitted that except petitioner No. 4, rest of the petitioners are having a clean antecedent and as far as the petitioner No. 4 is concerned, final form has been submitted by the police in the sole case in which he is an accused. It is further submitted that the injury has been found to be simple in nature and co-accused persons have been granted bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Saharsa in connection with Basnahi P.S. Case No. 45 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T