Amrud Yadav @ Anirudh Yadav @ Arindh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56148 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- CHANDI District- Nalanda ====================================================== 1.
Amrud Yadav @ Anirudh Yadav @ Arindh Yadav Son of Lakhan Yadav Resident of Village - Kesaura, Police Station - Chandi, District - Nalanda. 2.
Chandramani Yadav Son of Amrud Yadav @ Anirudh Yadav Resident of Village - Kesaura, Police Station - Chandi, District - Nalanda. 3.
Ravindra Yadav Son of Late Siya Ram Yadav @ Late Sadhuji Yadav Resident of Village - Sikandarpur, Police Station - Daniawan, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. Vide order dated 03.09.2024, this application was dismissed as withdrawn in respect of petitioner no.3.
3. Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.2, submitting that during pendency of this application petitioner no.2 has been apprehended by the police.
4. Permission is granted.
5. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.2.
Patna High Court CR. MISC. No.56148 of 2024(3) dt.14-11-2024 2/3
6. Now this application survives for petitioner no.1 only.
7. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 379, 354, 506 of the Indian Penal Code and Section 27 of the Arms Act.
8. Allegedly, all the FIR named accused persons along with 3-4 unknown miscreants are said to have opened fire upon the house of the informant with an intention to kill her and her family members. They also tried to commit rape with grand daughter as well as daughter-in-law of the informant.
9. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He is said to be a member of unlawful assembly. There is specific allegation of firing against other co-accused persons. Both sides have filed cases against each other. No person has sustained injury in the alleged occurrence. It is further submitted that petitioner is aged about 80 years and he has criminal antecedent as mentioned in para-3 of this application.
Patna High Court CR. MISC. No.56148 of 2024(3) dt.14-11-2024 3/3
10. Learned APP for the State opposes the prayer for bail.
11. Having regard to the facts and circumstances of the case as well as considering the age of the petitioner, let the above named petitioner no.1, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chandi P.S. Case No. 74 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
12. Accordingly, the application stands partly allowed. (Anjani Kumar Sharan, J) divyanshi/- U T