Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37420 of 2024 Arising Out of PS. Case No.-220 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.

SHYAM YADAV S/O LATE RAM KHELAWAN YADAV R/O VILLAGEABGIL, RAMPUR, HUSSAINA, P.S- MEDNICHOWKI, DISTT.- LAKHISARAI.

2.

RAUSHAN KUMAR S/O SHYAM YADAV R/O VILLAGE- ABGIL, RAMPUR, HUSSAINA, P.S- MEDNICHOWKI, DISTT.- LAKHISARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2024

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

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 384, 504, 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is uncle of the informant and petitioner no. 2 is the cousin brother of the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to tying of buffalo, the present occurrence is alleged to have taken place. It is also submitted that though there is allegation of firing but then no one was

Patna High Court CR. MISC. No.37420 of 2024(2) dt.03-07-2024 2/2 injured and the injury suffered by the injured is simple in nature, which amply demonstrates that petitioners never had any intention of committing a serious occurrence. It is also submitted that side of the informant also assaulted the petitioners and their side.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mednichowki P.S. Case No. 220 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T