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Patna High CourtCR. MISC./46132/2022allowed

Piyush Yadav v. The State Of Bihar

2022-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46132 of 2022 Arising Out of PS. Case No.-58 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== 1.

PIYUSH YADAV S/O ARUN YADAV Resident of village- Asota, P.S.- Shambhuganj, District- Banka.

2.

BUTARI YADAV S/O ASHOK YADAV Resident of village- Asota, P.S.- Shambhuganj, District- Banka.

3.

KANCHAN KUMAR S/O ARUN YADAV Resident of village- Asota, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Shambhuganj P.S. Case No.58 of 2020, registered for the offences punishable under Sections 147, 341, 323, 447, 307, 504 and 506 of the Indian Penal Code as well as Section 27 of the Arms Act.

Co-accused, Ashok Yadav and Ajay Yadav having abused the informant fired gun shot aiming the informant with intention to kill but, anyhow, the informant could save his life hiding himself in his house. It is further alleged that the petitioners and others came to the house of the informant and made search for him and, thereafter, fled having opened fire.

Patna High Court CR. MISC. No.46132 of 2022(2) dt.05-12-2022 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the allegations against the petitioners are general and omnibus in nature. It is submitted that nobody received any injury in the alleged occurrence.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Considering the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., IVth, Banka in connection with Shambhuganj P.S. Case No.58 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T