Om Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41347 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== OM KUMAR YADAV Son of Amiri Lal Yadav Resident of Village - Malol, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This application, for grant of anticipatory bail, arises out of Bahera P.S. Case No. 332 of 2018, disclosing offences under Sections 341, 323, 337, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation as per F.I.R. is that while the informant wa tying the buffalo, the petitioner threw a brick, which hit the brother of informant, thereafter, Ganpat Yadav and Amir Lal Yadav caught hold of the informant and on the order of Amir Lal Yadav, accused Ganpat Yadav fired on the informant causing injury in his abdomen.
Submission of learned counsel for the petitioner is that from the F.I.R. itself it is evident that only allegation against the petitioner that he threw brick, which hit on the leg of brother of informant and so far allegation of firing is concerned
Patna High Court CR. MISC. No.41347 of 2019(2) dt.04-07-2019 2/2 the same has been attributed to other accused of this case. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, 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. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga, in connection with Bahera P.S. Case No. 332 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T