Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29704 of 2020 Arising Out of PS. Case No.-35 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== DHARMENDRA YADAV S/o Jailal Rai Resident of Village-Imadpur, P.S.- Baligaon, District-Vaishali.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Prashant For the Opposite Party/s :

Smt. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 342, /34 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court CR. MISC. No.29704 of 2020(2) dt.10-12-2020 2/3 Allegedly, all the accused persons as named in the FIR including the petitioner came on motorcycle with pistols and accused petitioner put pistol on the temporal region of the informant and fired but the informant tried to escape and the firing hit his scapula and arm as a result of which, he became injured.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The injury caused by the petitioner is on non-vital part of the body of the informant. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection

Patna High Court CR. MISC. No.29704 of 2020(2) dt.10-12-2020 3/3 with Baligaon P.S. Case No. 35 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T