Rajnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30992 of 2023 Arising Out of PS. Case No.-39 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== RAJNATH YADAV Son of Late Shivdhari Yadav Resident of village - Khedarpura, P.S. - Fatehpur, Distt. - Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Shriram Yadav gave pistol to Vikram who shot his brother dead and when he tried to save his brother, Ramswaroop fired at him and fled.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that specific allegation of firing is

Patna High Court CR. MISC. No.30992 of 2023(2) dt.28-07-2023 2/2 against Vikram who is alleged to have shot the brother of the informant dead and thereafter Ramswaroop also fired at the informant but then it missed, it is next submitted that as far as petitioner is concerned, there is no specific allegation against him, it is further submitted that on account of dispute relating to election, the present false case came to be instituted.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Fatehpur P.S. Case No. 39 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T