Nandlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65325 of 2018 Arising Out of PS.Case No. -363 Year- 2018 Thana -NAUBATPUR District- PATNA ======================================================

1. Nandlal Yadav, Son of Late Ramdev Yadav, Resident of Village- Bala Thakur, P.S.- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 307, 147, 148, 149 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the petitioner was going to plough the field of co-villagers, the petitioner along with one other started indiscriminate firing on the informant with intention to kill.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. None is said to have been injured in course of occurrence.

Patna High Court Cr.Misc. No.65325 of 2018 (2) dt.26-10-2018 Hence, no offence u/S 307 of the Indian Penal Code is made out. There is admitted land dispute between the parties. 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, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur in connection with Naubatpur P.S. Case No. 363 of 2018 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