Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3389 of 2018 Arising Out of P.S.Case No. -24 Year- 2017 Thana -EKCHARI District- BHAGALPUR ====================================================== Ashok Yadav, Son of Sri Vedanand Yadav, Resident of Village- Bakiya Diyara, P.S.- Pirpainty, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiwesh Chandra Mishra, Advocate For the Opposite Party : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-02-2018 Heard.

The petitioner apprehends arrest in connection with Ekchari P.S.Case No.24 of 2017 registered for an offence under Sections 379 and other allied Sections of the IPC as well as the Arms Act.

It has been submitted that the informant has land dispute with his cousin brother. This petitioner is also purchaser in the same plot. As per allegation, this petitioner and 14 others armed with weapons went over his land and uprooted the pillar. Out of 15 accused persons, this petitioner shot fire but did not hit anybody.

Learned counsel for the petitioner submits that on account of land dispute among different persons, this petitioner has falsely been implicated in this case. He further submits that in the alleged occurrence nobody sustained any injury. The allegation is

Patna High Court Cr.Misc. No.3389 of 2018 (2) dt.05-02-2018 2/2 omnibus and there is no antecedent against the petitioner as well. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, the prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sagir Ahmad, ACJM, Bhagalpur in connection with Ekchari P.S.Case No.24 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T