Dharo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44209 of 2015 Arising Out of PS.Case No. -377 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================
1. Dharo Yadav S/O- Shambhu Yadav, Vill + Post- Raghunathpur, Bichla Tola, P.s.- Sahebpur Kamal, Dist.- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Jha For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 324, 385, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case is that petitioner and one Bablu Rai abused the informant, demanded extortion of Rs. 50,000/- when co-accused Salo Rai fired by pistol causing injury on the left side of the abdomen of the informant. It is submitted by learned counsel for the petitioner that accusation of firing is not against the petitioner and informant has retracted from the initial version and has filed a petition to that effect before learned Court below. Moreover accusation under Section 307 I.P.C is not made out against the petitioner and provision under Section 385 I.P.C is bailable. Hence, petitioner deserves anticipatory bail.
Patna High Court Cr.Misc. No.44209 of 2015 (2) dt.29-10-2015 2/2 A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Sahebpur Kamal P.S. Case No. 377 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T