Ashish Yadav @ Ashish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51117 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -BANMANKHI District- PURNIA ====================================================== Ashish Yadav @ Ashish Kumar Yadav, son of Upendra Yadav, resident of Village Chakla, P.S. Baqnmankhi, District-Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shobha Nath Jha, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 307, 447, 504 of the Indian Penal Code and Sections 25(1-b)A/27 of the Arms Act. Allegation is that six motorcycles were recovered near the darwaja and empty cartridges were recovered from the angan of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. None is said to have been injured in course of occurrence. Hence, no

Patna High Court Cr.Misc. No.51117 of 2016 (2) dt.02-12-2016 2/2 offence under Section 307 I.P.C. is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. case No.134 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T