← Library
Patna High CourtCR. MISC./9884/2021bail granted

Bijo Yadav @ Bijay Yadav v. The State Of Bihar

2021-12-21Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9884 of 2021 Arising Out of PS. Case No.-251 Year-2019 Thana- GOGRI District- Khagaria ====================================================== BIJO YADAV @ BIJAY YADAV Son of Late Ramrup Yadav Resident of Village- Baraita, Police Station- Gogri, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Gogri P.S. Case No. 251 of 2019 instituted for the offences under Sections 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner and two others are said to have chased the informant but having failed to catch him

Patna High Court CR. MISC. No.9884 of 2021(2) dt.21-12-2021 2/3 ordered their fellow-men to open fire. On the orders of the petitioner and two others, co-accused Raj Kumar, Gaurav and Heera are said to have opened fire.

The learned counsel for the petitioner has submitted that so far as the accusation against the petitioner is concerned, it is absolutely general and omnibus. He is only said to be the order giver and had attempted to catch the informant.

A similarly situated accused person has been granted anticipatory bail by a Bench of this Court vide order dated 24.06.2020 passed in Cr. Misc. No. 82948 of 2019. The petitioner does not have criminal antecedent. For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Gogri P.S. Case No. 251 of

Patna High Court CR. MISC. No.9884 of 2021(2) dt.21-12-2021 3/3 2019, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T