Ramshobha Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29353 of 2022 Arising Out of PS. Case No.-372 Year-2017 Thana- ALOULI District- Khagaria ====================================================== 1.
Ramshobha Yadav Son Of Late Shiyaram Yadav R/O- Village -Bathnaha P.S.- Alauli, District- Khagaria 2.
Parmanand Yadav Son Of Ramshobha Yadav R/O- Village -Bathnaha P.S.- Alauli, District- Khagaria 3.
Rajgir Yadav @Rajgir Prasad Yadav Son Of Ramshobha Yadav R/O- Village -Bathnaha P.S.- Alauli, District- Khagaria 4.
Ramanand Yadav Son Of Ramshobha Yadav R/O- Village -Bathnaha P.S.- Alauli, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 At the outset, It is submitted by learned counsel for the petitioner that he seeks permission to withdraw this application against petitioner no.4 namely, Ramanand Yadav. Permission is accorded.
This application is dismissed as withdrawn against petitioner no.4.
So far as rest of the petitioners are concerned, the instant application for anticipatory bail has been filed by the petitioners nos. 1, 2 & 3 apprehending their arrest in connection with Alauli P.S. Case no. 372 of 2017 instituted for the offence
Patna High Court CR. MISC. No.29353 of 2022(2) dt.18-10-2022 2/3 under Sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code and section 27 of Arms Act.
As per allegation in the FIR, when the son of informant had gone to call of nature, the accused persons including petitioners chased him with variously armed and on the order of petitioner Ramshobha Yadav, co-accused persons caught the son of informant and made firing wherein son of informant sustained injury on his chest and he fell down. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely been implicated in this case. It is further submitted that petitioners have no specific role in this instant occurrence. The specific allegation of shot firing is against petitioner Ramanand Yadav and other co-accused namely, Shurtilal Yavav. Petitioners are not sent up for trial and cognizance has been taken by the lower court below. Learned APP appearing for the state has opposed the prayer of anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners nos. 1, 2 & 3 on bail. The petitioners are directed to surrender in the Court below
Patna High Court CR. MISC. No.29353 of 2022(2) dt.18-10-2022 3/3 within a period of four weeks from today and in the event of their arrest or surrender in connection with Alauli P.S. Case no. 372 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U