Bodhan Yadav @ Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35493 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- KAKO District- Jehanabad ====================================================== 1.

Bodhan Yadav @ Subhash Yadav, Son of Ram Pravesh Yadav, Resident of Village - Takiyapar, P.S.- Kako, Distt - Jehanabad. 2.

Bharat Bind, Son of Dinesh Bind @ Bineshwar Bind, Resident of Village - Audanchak Kalpa, P.S and Distt - Jehanabad.

3.

Shashi Kumar, Son of Ajay Yadav, Resident of Village - Takiyapar, P.S.- Kako, Distt - Jehanabad.

4.

Kamlesh Yadav @ Kamlesh Prasad, Son of Ramprit Yadav, Resident of Village - Barhara, P.S.- Kako, Distt - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 This is an application for grant of anticipatory bail in connection with Kaho P.S. Case No. 35 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307 of IPC and Section 27 of the Arms Act.

Prosecution case as per the F.I.R. is that two persons, namely, Chandan Kumar and Harendra Kumar were having scuffle between them, which was protested by the informant, on that, petitioners along with one Akash Kumar @ Shashi Bhushan Kumar came and Akash Kumar fired on the informant, causing injury to him.

Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.35493 of 2019(3) dt.09-08-2019 2/2 is that there is no allegation of assault against these petitoners. They have falsely been implicated in this case, as Chandan Kumar has lodged a case against the informant and others. Further submission is that they have no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Sri Umesh Prasad, learned Judicial Magistrate, 1st Class, Jehanabad, in connection with Kaho P.S. Case No. 35 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T