Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48311 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Ajay Yadav, Son of Late Usha Kant Yadav @ Ushakant Prasad Yadav, Resident of Village - Bahadurpur, P.S.- Arearaj O.P., Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case as per the written report of Satish Kumar submitted to Incharge Police Camp, Sadar Hospital, Motihari, East Champaran is to the effect that on 03.06.2018 at 7.00 P.M. the cousin brother of the informant, Chhotan Kumar was returning to his house from Areraj market but on the way the petitioner and co-accused Bullet Yadav and 4-5 unknown persons variously armed surrounded and it is alleged that the petitioner pointed country made pistol on the

Patna High Court CR. MISC. No.48311 of 2019(2) dt.02-08-2019 2/3 temporal region of the cousin brother of the informant when the informant came to rescue then the petitioner also pointed country made pistol on the temple of the informant, in the meantime, co-accused Bullet Yadav assaulted with Farsa on the head of the informant causing cut injury and informant fell down on the ground and co-accused Bullet Yadav took out Rs.10,000/- from the pocket of the informant. It is submitted by learned counsel for the petitioner that the accusation of assault is not alleged against the petitioner and specific accusation of assault has been levelled against coaccused Bullet Yadav. The petitioner is accused in two other cases in which he is on bail, but statement to that effect has not been made in the petition.

Learned APP submits that there is specific accusation against the petitioner.

Considering the fact that the accusation of assault is not alleged against the petitioner and specific accusation of assault has been levelled against co-accused Bullet Yadav, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.48311 of 2019(2) dt.02-08-2019 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Govindganj (Areraj) P.S. Case No. 152 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T