Shiv Das Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36784 of 2022 Arising Out of PS. Case No.-47 Year-2014 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

SHIV DAS YADAV Son of Late Lalan Yadav Resident of Village- Gehuwa, P.S.- Chand, District - Kaimur at Bhabhua.

2.

Ashok Yadav Son of Shiv Das Yadav Resident of Village- Gehuwa, P.S.- Chand, District - Kaimur at Bhabhua.

3.

Mukesh Yadav Son of Shiv Das Yadav Resident of Village- Gehuwa, P.S.- Chand, District - Kaimur at Bhabhua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners, at the outset, seeks permission to withdraw the anticipatory bail application of petitioner nos. 2 and 3.

Permission is accorded.

The petitioner apprehend his arrest in a case registered for the offences punishable under Sections 324, 307, and 34 of the Indian Penal Code and 27 of Arms Act.

Learned counsel for the petitioner submits that petitioner no. 1 has antecedent of one case, but the said case was

Patna High Court CR. MISC. No.36784 of 2022(2) dt.27-09-2022 2/3 instituted on the same day when the present FIR came to be instituted. It is next alleged that as per allegation, the petitioner no.1 along with co-accused persons, with an intention to kill, opened fire on account of which the informant sustained three gun-shot injury on his person.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR it would manifest that the informant alleges that the petitioner along with two other accused indulged in firing causing injury, it is next submitted that petitioner no.1 is father of petitioner nos. 2 and 3, as such he also came to be implicated, despite the fact that he is a senior citizen and was a person with clean antecedent prior to filing of the present FIR.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court

Patna High Court CR. MISC. No.36784 of 2022(2) dt.27-09-2022 3/3 in connection with Chainpur P.S. Case No. 47 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T