Rinku Yadav @ Rinku Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19362 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== RINKU YADAV @ RINKU KUMAR YADAV Son of Bhagwat Yadav R/VBurhawe, P.S- Singheshwar Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 & 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to have assaulted at the back of informant's brother with the butt of the pistol while he was returning to his house from the brick-kiln by motorcycle after performing the call of nature.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. No specific overt act has been attributed against the petitioner. The allegation

Patna High Court CR. MISC. No.19362 of 2023(3) dt.26-06-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner is merely an order giver while the allegation of firing is against on co-accused Rakesh Kumar Sah. It is further submitted that the allegation of order giver is ornamental in nautre and has been purposely made to make the petitioner accused in this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Singheshwar P.S. Case No. 224 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T