Avinash Yadav @ Bhopali Yadav @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55724 of 2015 Arising Out of PS.Case No. -176 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Avinash Yadav @ Bhopali Yadav @ Avinash Kumar Son of Ramchandra Yadav, Resident of Village - Mayapur Police Station - Mofassil, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. N.K. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-12-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 114, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on the order of co-accused Ramchandra Yadav, co-accused Jai Ram Yadav opened fire causing injury to the mother-in-law of the informant.

It is submitted by learned counsel for the petitioner that one lacerated wound has been found, simple in nature, but the said injury was not found to be caused by firearm. The petitioner's side lodged Gaya Muffasil P.S. Case No. 149 of 2005 levelling accusation under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act for murder of son and brother of co-accused Ramchandra Yadav

Patna High Court Cr.Misc. No.55724 of 2015 (2) dt.09-12-2015 2/2 who have been killed at the hands of the husband of the informant.

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 Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 176 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T