Chandra Bhushan Yadav @ Pinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3763 of 2021 Arising Out of PS. Case No.-227 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== Chandra Bhushan Yadav @ Pinku S/O Late Yogendra Yadav Resident Of Village Relni Bhavangama, Ps Bihariganj, District-Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 448, 354B, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution allegation, in short, is that the accused persons fired at the informant's house and also tried to outrage the modesty of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.3763 of 2021(2) dt.26-07-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case. Though as per the F.I.R., the fire arms is said to have been used in course of the occurrence but from perusal of the injury report, it appears that the injury is said to have been caused by hard and blunt substance. There is a case and counter case between the parties. A free fight is alleged to have taken place. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out. The injury report does not corroborate with the allegation made in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar (Pastpar) P.S. Case No. 227 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.3763 of 2021(2) dt.26-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T