Niranjan Yadav @ Chotu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74721 of 2018 Arising Out of PS. Case No.-660 Year-2018 Thana- KHAJANCHI HAT District- Purnia ======================================================

1. Niranjan Yadav @ Chotu Yadav Son of late Gurudeo Yadav resident of Kali Prasad Yadav Tola Ward No.2, P.S. K.Hat (Madhubani) District Purnia

2. Rahul Sinha alias Rahul Ranjan son of Rajesh Sinha, Resident of Rajendra Nagar, Bajrangbaili Mandir P.S. K. Hat (Madhubani) District Purnia

3. Gautam Jha @ Biku Jha son of Bitu Jha resident of Near D.A.V. Chouk P.S. K.Hat (Madhubani) District Purnia

4. Aasmit Yadav, Son of Ram Chandra Yadav, resident of Sbhastri Nagar (Shivdham) P.S. K.Hat, District-Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard the learned counsel for the parties.

This application for anticipatory bail arises out of K. Hat (Madhubani) P.S. Case No.660 of 2018, disclosing offences under Sections 307/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners has submitted that there is allegation against Sourav Yadav of having opened fire targetting him but admittedly the informant did not receive any fire arm injury. As regards these petitioners, it is alleged that they opened fire in air and fled away. He submits that so far these petitioners are concerned, no offence under Section 307 of the I.P.C. can be made out and the

Patna High Court Cr.Misc. No.74721 of 2018(2) dt.21-12-2018 2/2 allegation is only against co-accused Sourav Yadav. Considering the above submission, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in K.Hat (Madhubani) P.S. Case No.660 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/- U