Kari Yadav @ Raja Nand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29538 of 2020 Arising Out of PS. Case No.-116 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== KARI YADAV @ RAJA NAND KUMAR Son of Shambhu Sharan Yadav Resident of Village - Belhi, P.S.- Jaynagar, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2021 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner and Mr. Vinod Shankar Modi, Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Jaynagar PS Case No. 116/2020 corresponding to CRI No. 612/2020 registered for the offence punishable under Sections 341, 504, 506, 307/34 of the Indian Penal Code.

3. The allegation, as per First Information Report, is that the petitioner along with other co-accused persons threatened the informant to withdraw the case lodged by him against the petitioner and other on gun point. It is further alleged that when brothers of the informant came there, petitioner and other accused persons openly fired and fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of previous dispute between the parties. Learned counsel further submits that

Patna High Court CR. MISC. No.29538 of 2020(2) dt.04-01-2021 2/2 both the parties are close door neighbours and the criminal antecedents mentioned in paragraph-3 of this bail application, was lodged by the informant himself against this petitioner. Learned counsel further submits that no body got any fire-arm injury due to the alleged firing.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are close door neighbours and there is previous dispute between them, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, petitioner, KARI YADAV @ RAJA NAND KUMAR shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Madhubani in connection with Jaynagar PS Case No. 116/2020 corresponding to CRI No. 612/2020, subject to the conditions as laid down under Section 438(2) CrPC.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J.) perwez U T