Patna High CourtCR. MISC./55556/2016bail granted

Bale Yadav @ Baleshwar Yadav And ANR v. The State Of Bihar

2017-01-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55556 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -HALSI District- LAKHISARAI ======================================================

1. Bale Yadav @ Baleshwar Yadav, son of Chhabbu Yadav, resident of village- Akauni, P.S.- Ramgarh Chowk, District- Lakhisarai &

2. Bikash Yadav @ Bikash Kuamr, son of late Rajednra Yadav, resident of village- Barui, P.S.- Halsi, District- Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-01-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Halsi P.S. Case No.113 of 2016 instituted for the offence under Section(s) 341, 323, 504, 307/34 Indian Penal Code & Section 27 of the Arms Act.

It is alleged in the written report that on the order of petitioner No.1, Bale Yadav @ Baleshwar Yadav, one Umesh Yadav fired with pistol causing injury in the right shoulder of the Informant. It is further alleged that this petitioner also fired, but the shot passed from the side of the Informant. Injury Report has been annexed as Annxure-2 and the doctor has found only one entry and exit wound, which was simple in nature, caused by hard and blunt substance.

Patna High Court Cr.Misc. No.55556 of 2016 (3) dt.18-01-2017 2/2 In this manner, there is specific allegation of causing fire arm injury against co-accused Umesh Yadav. There is no specific allegation of overt act against the petitioners. In view of such, prayer for petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Halsi P.S. Case No.113 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Sanjay Priya, J) JA/- U T