Ramanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69868 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Ramanand Yadav S/o Ramsobha Yadav Resident of Village-Bathnaha,P.S. Alauli,Distt.-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that in course of driving away the grazing mare, co-accused made firing upon the informant.

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. The alleged occurrence is said to have taken place due to petty reason. None is said to have been injured in course of the occurrence as per the FIR. No offence u/S 307 of the

Patna High Court Cr.Misc. No.69868 of 2018(2) dt.30-11-2018 2/2 Indian Penal Code is made out. Rest of the offences are triable by the Magistrate.

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 Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 26 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