Kamta Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45272 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- TEYAR District- Bhojpur ====================================================== Kamta Yadav S/o Late Hiralal Yadav R/o Village-Tiyar, P.S.-Tiyar, DistrictBhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Priya, Advocate Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Tiyar P.S. Case No. 28 of 2024, instituted under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.
3. As per the prosecution case, petitioner is alleged to have made firing on the informant when he was harvesting wheat in the field but any how he could save himself.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to previous enmity. There is land dispute between the parties. Petitioner and informant are co-villagers. There is case and counter case between the parties. There is allegation of
Patna High Court CR. MISC. No.45272 of 2024(2) dt.24-07-2024 2/2 firing but no one has sustained any injury. It is submitted that similarly situated co-accused persons, namely, Jitendra Yadav @ Jitesh Yadav and Binod Yadav have already been granted anticipatory bail by this Court, vide order dated 03.07.2024 passed in Cr. Misc. No. 41363 of 2024. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Tiyar P.S. Case No. 28 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T