Mahesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20833 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== MAHESH YADAV Son of Mahendra Yadav Resident of Village - Pansuhi, P.S.- Dulhin Bazar, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jayram Sharma For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dulhin Bazar P.S. Case No. 74/2019 registered for the offences punishable under Sections 341, 307/34 of the Indian Penal Code.
Petitioner and others are said to have surrounded the informant and petitioner as well as one other FIR named accused opened fire on the informant but, luckily, informant escaped unhurt.
Learned counsel of the petitioner submits that no such occurrence as alleged in the written report of informant did ever take place and, as a matter of fact, the informant brought the present case due to previous enmity. He, further, submits that on the alleged date of occurrence, it was prosecution party, who assaulted the petitioner and others for which a complaint case
Patna High Court CR. MISC. No.20833 of 2020(3) dt.25-01-2021 2/2 was lodged against prosecution party.
No doubt, petitioner does have criminal antecedents of two cases but it appears that the aforesaid cases were lodged by members of prosecution party of this case. Moreover, admittedly, none had sustained any injury in the present case and having more or less similar allegation, co-accused Binod Yadav and Dhananjay Klumar @ Dhananjay Yadav @ Chaitu Yadav have already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.2.2020. Accordingly, this anticipatory bail petition is allowed and it is ordered that above named petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 3rd, Danapur/concerned court in Dulhin Bazar P.S. Case No. 74/2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Spd/- U T