Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47717 of 2015 Arising Out of PS.Case No. -134 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Deepak Yadav S/o Patwari Yadav resident of Village - Bangalia, South Tola, P.S. Mansi, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Mansi P.S. Case No. 134 of 2015 dated 16.06.2015 instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The allegation against the petitioner is of chasing the informant after his father had been shot at by the father of the petitioner.

Learned counsel for the petitioner submits that the whole family has been implicated by the informant with specific allegation of firing against the father of the petitioner resulting in

Patna High Court Cr.Misc. No.47717 of 2015 (2) dt.04-11-2015 2/2 the death of the father of the informant. It is submitted that against the petitioner the only allegation is that he chased the informant trying to hit him but it is said that the informant somehow managed to escape. Learned counsel submits that the petitioner is a student having clean antecedent and further he was not present at the place of occurrence.

Learned A.P.P. submits that he was also party to the crime. However, he is not in a position to controvert that as per the FIR itself no specific overt act is alleged against the petitioner and there is only allegation that he chased the informant. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in Mansi P.S. Case No. 134 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Ahsanuddin Amanullah, J) Anjani/- U T