Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2130 of 2017 Arising Out of PS.Case No. -130 Year- 2015 Thana -ARIYARI District- SEKHPURA ====================================================== Ravi Kumar S/o Surendra Yadav R/o Village- Ranka,P.S. Ariyari, District - Sheikhpura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail, the petitioner apprehends his arrest for the offence punishable under Sections 147, 148, 149, 506 of Indian Penal Code. And Section 27 of Arms Act.

Allegedly, co-accused Surendra Yadav, Dinesh Yadav, Bhuttu Yadav, two sons of Surendra Yadav and one son of Bhuttu Yadav being armed with rifle were coming towards informant and Surendra Yadav and his brothers were opening fire with rifle. Surendra Yadav directed to flee away and then the informant and his brother fled away towards their house. The occurrence has taken place due to land dispute, as the accused

Patna High Court Cr.Misc. No.2130 of 2017 (3) dt.09-02-2017 2/2 persons are claiming the land of the informant illegally. Submission is of false implication and that against the petitioner, there is no specific allegation, he has been named in the F.I.R. without alleging anything against him and as such, he deserves sympathetic consideration.

The learned Additional Public Prosecutor opposed the prayer for bail and submits that the petitioner is named in the F.I.R. as the son of Surendra Yadav.

In the facts and circumstances stated above considering that against the petitioner, there is no allegation of committing any overt act and as such, the petitioner, in case of his arrest or surrender before the Court below within four weeks from the date of receipt/ production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sheikhpura in connection with Ariyari P.S. case no. 130 of 2015 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Jitendra Mohan Sharma, J.) rinkee/- U T