Patna High CourtCR. MISC./46255/2022bail granted

Ramashankar Yadav v. The State Of Bihar

2023-01-02Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46255 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== RAMASHANKAR YADAV SON OF TELESHWAR YADAV R/O VILLAGE- SRI NAGAR GOPI MORE, P.S.- FATEHPUR, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No.67 of 2022 instituted under Sections 147,148,149,341,323,326,307 of the Indian Penal Code and Section 27 of the Arms Act.

As per the FIR, the accused persons intercepted the informant while he was moving on a motorcycle and with further specific allegation against Binod Yadav that he opened fire causing injury on his stomach. Later omnibus allegation against the other accused persons is of abusing him and leaving the place. The last part of the FIR shows that there is land dispute between the parties.

Learned APP on the other hand opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.46255 of 2022(2) dt.02-01-2023 2/2 Taking into account the fact that there is specific allegation against Binod Yadav of causing firearm injury on the stomach of the informant, omnibus allegation is their against the petitioner of forming unlawful assembly and abusing the informant, this Court is inclined to grant him relief. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Fatehpur P.S. Case No.67 of 2022 to the satisfaction of learned A.C.J.M., Xth, Gaya, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /- U T