Bharat Bhushan Deshbhakt @ Bharat Bhusan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57376 of 2021 Arising Out of PS. Case No.-391 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== BHARAT BHUSHAN DESHBHAKT @ BHARAT BHUSAN YADAV SON OF RAMANARAYAN YADAV R/O MARANGA, P.S.- K. HAT (MARANGA), DIST.- PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 120(B), 34 of the Indian Penal Code and section 27 of the Arms Act. Allegedly, all the F.I.R. named accused persons including the petitioner came on two motorcycles and started indiscriminate firing upon the informant and his family. One of the fire shot hit his father and he died on the spot.

Patna High Court CR. MISC. No.57376 of 2021(2) dt.12-07-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that after investigation, the police has submitted final form against the petitioner but the court below differing with the final form has taken cognizance on the basis of the case diary. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, 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 K. Hat (Maranga) P.S. Case No.391/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T