Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58030 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- LAURIA District- West Champaran ====================================================== BHIM YADAV Son of Bhageshar Yadav Resident of Village - Padri Ward No.11, Pandari, Distt.- Lauriya, Distt.- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Lauriya P.S. Case No. 30 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323 of the Indian Penal Code and under Section 27 of the Arms Act. As per allegation, when the informant's son was sitting in front of his medical shop, meanwhile, five named accused persons including the present petitioner came their equipped with lathi, stick etc. The petitioner fired two shots and, thereafter, he assaulted the informant by the butt of pistol. The accused persons also made injured the informant's son and his wife.

Patna High Court CR. MISC. No.58030 of 2021(2) dt.11-07-2022 2/2 Learned counsel for the petitioner has submitted that all the section are bailable except Section 27 of the Arms Act but the investigating authority did not find the case true under the provisions of Arms Act. Though, there is allegation that petitioner has fired shot but none has sustained firearm injuries. Despite the fact the learned Magistrate took cognizance even under Section 27 of the Arms Act. He has also submitted that some accused persons have been granted anticipatory bail in this case.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 30 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T