Patna High CourtCR. MISC./1104/2017bail granted

Arvind Yadav v. The State Of Bihar

2017-01-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1104 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -MARKAHI District- KHAGARIA ====================================================== Arvind Yadav S/o Late Sahdeo Yadav, R/o village- Rasonk, P.S. Morkahi, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Morkahi P.S. Case No. 65 of 2016 for the offences instituted under Sections 341, 323, 379, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is of giving order to co-accused namely Santosh for opening fire, upon which coaccused Santosh Yadav took out country made pistol from his waist and with the butt of the said pistol started assaulting on the face and nose of the brother of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.1104 of 2017 (2) dt.13-01-2017 2/2 falsely been implicated in the present case. The injury is said to be superficial in nature. Hence, no offence under Section 307 of the Indian Penal Code is made out against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Morkahi P.S. Case No. 65 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Khagaria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T