Budhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5711 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.

Budhu Yadav Son of Mahavir Yadav Resident of Village- Birju Bigaha, P.S.- Khudaganj, District- Nalanda.

2.

Kamlesh Kumar @ Kamlesh Yadav Son of Sanju Yadav Resident of VillageBirju Bigaha, P.S.- Khudaganj, District- Nalanda. 3.

Kailu Yadav Son of Late Banshi Yadav Resident of Village- Birju Bigaha, P.S.- Khudaganj, District- Nalanda.

4.

Mahavir Yadav Son of Late Banshi Yadav Resident of Village- Birju Bigaha, P.S.- Khudaganj, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Shyamal Prakash, Advocate For the State :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Khudaganj P.S. Case No.57 of 2020 registered for offences under Sections 341, 323, 324, 326, 379, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act. At the very outset, learned counsel for the petitioners submits that petitioner nos. 2, 3 and 4, namely, Kamlesh Kumar @ Kamlesh Yadav, Kailu Yadav and Mahavir Yadav have been arrested during the pendency of this application. Hence, he

Patna High Court CR. MISC. No.5711 of 2021(2) dt.25-11-2021 2/2 prays for withdrawal of the application.

Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner nos. 2, 3 and 4, namely, Kamlesh Kumar @ Kamlesh Yadav, Kailu Yadav and Mahavir Yadav are concerned.

So far as petitioner no. 1, namely, Budhu Yadav is concerned, he is said to have fired on account of the land dispute which did not hit anybody.

Considering the aforesaid fact, the application for anticipatory bail is allowed.

Accordingly, let petitioner no.1, namely, Budhu Yadav, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Hilsa, Nalanda in connection with Khudaganj P.S. Case No.57 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T