Piltu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.14642 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14642 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Piltu Yadav S/o late Raveen Yadav Resident of Village- Maranga, PS K. Hat (Maranga )District Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sadar (Muffasil) Police Station Case No. 143 of 2015, disclosing offences under Sections 341, 323, 504/34, 307 of the Indian Penal Code and Section 27 of the Arms Act. From First Information Report, it transpires that the occurrence took place over some dispute between the brother-inlaw of the informant and his cousin. Allegedly, thereafter the accused persons have assaulted the brother of the informant. There is allegation of opening fire against one Chotu Yadav, which did not hit him.

Learned Counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.14642 of 2016 (2) dt.22-04-2016 no offence under Section 307 of the Indian Penal Code is made out against him. He has further submitted that with reference to specific statement made in paragraph-9 of the application, no injury has been reported on the person of anyone. Considering the facts and circumstance and submission as above, this application is allowed. Let the petitioner, Piltu Yadav, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sadar (Muffasil) Police Station Case No. 143 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Amit/- U T