Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32705 of 2023 Arising Out of PS. Case No.-233 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Pintu Yadav Son of Briksha Yadav Resident of village- Bankatiya tola Tar, PS- Kateya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 384, 506 of the Indian Penal Code and section 25(1-b)a, 26 and 27 of the Arms Act.

3. As per the prosecution case, the informant earlier lodged a case bearing Kateya PS Case No. 192 of 2020 under Section 304/34 IPC, regarding death of his brother due to electrocution by electric wire erected by Suresh Yadav, Pintu Yadav (petitioner), Dudhnath Yadav, Satendra Yadav all sons of Briksha Yadav, in their field and all the accused persons used to threaten the informant to withdraw the said case. It is further alleged that on 25.07.2020 while the informant was sitting at his Darwaja co-accused Suresh Yadav came and abused him and

Patna High Court CR. MISC. No.32705 of 2023(2) dt.24-07-2023 2/2 waiving a country made pistol, threatened him to kill if he does not withdraw the said case. It is further alleged that with the help of villagers Suresh Yadav was caught, a country made pistol was recovered from his possession along with live cartridge and one blank cartridge, thereafter, the instant FIR was lodged.

4. It is submitted that there is no allegation of any specific overt act or of firing against this petitioner and he has been made accused in this case only because he is son of the Briksha Yadav.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 233 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T