Jeetu Yadav @ Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48648 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -KASIMBAZAR District- MUNGER ====================================================== Jeetu Yadav @ Jitendra Yadav S/o Radhey Yadav R/o Vill Bari Sandalpur P.s Kasim Bazar, District Munger.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Nawal Kishore Singh, Advocate. For the Opposite Party : Mr. Dr.M.K.Gautam(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner is apprehending his arrest in connection with Kasim Bazar P.S. Case No.66A of 2015 for the offences instituted under Sections 386, 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, in brief, is that informant Raj Kumar Sah's younger brother Ashok Sah runs his shop at Kaura Maidan had received a letter at his shop on 13.03.2015 written by Rana Yadav making demand of Rs. Two lacs as an extortion amount, which a case was also registered, vide Kasim Bazar P.S. Case No.50/2015 on 11.04.2015 at about 10.30 A.M. Accused Rana Yadav, Raushan Yadav along with an unknown person came
at the house of the informant on motorcycle, bearing registration No. BR-08B-0652 and started calling the name of Ashok Sah, younger brother of the informant and asked to open the door. Thereafter when Sumit Anand, nephew of the informant opened the door, accused Rana Yadav with an intention to kill him, fired hitting his abdomen. When the informant and others tried to apprehend the accused persons, they buried a bomb which hit the wall of the house but the informant and others went on chasing them. In the meantime, another firing was made near Tinbatia injuring Mukesh Yadav, however all the miscreants fell down from motorcycle and leaving the same, they fled away. Thereafter both the injured were taken to Sadar Hospital, from where the nephew of the informant was referred to Patna.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is not named in F.I.R. In course of investigation, his name has come. The main allegation is against one Rana Yadav. It is further submitted that no overt act has been alleged against this petitioner. On behalf of the State it has been submitted that the petitioner is not named in the F.I.R and his name has come in course of investigation.
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 Kasim Bazar P.S. Case No. 66A/2015, on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate First Class, Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J.) Amit/- U T