Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4963 of 2021 Arising Out of PS. Case No.-173 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== ARUN YADAV S/O BISHUNDEO YADAV RESIDENT OF VILLAGEKAPSANDI, POLICE STATION-PAKRIBARAWAN, DISTRICTNAWADA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-08-2021 Heard Mr. Birendra Kumar, learned Advocate for the petitioner and Mr. Mukeshwar Dayal, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Pakribarawan P.S. Case No. 173 of 2019 dated 28.05.2019 instituted for the offences under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Two unknown persons were spotted by the informant after he heard the sound of firing on his rooftop. Those two persons were asking him to come out from his house. The petitioner along with three others were also spotted by the informant, roaming around the house along with two unknown persons. In the meantime, the informant was threatened by co-accused

Patna High Court CR. MISC. No.4963 of 2021(2) dt.06-08-2021 2/2 Manoj Yadav.

Learned counsel for the petitioner has submitted that he has not been attributed with any overt act. The petitioner is merely said to be one of the persons present near the house of the informant along with other miscreants. Nobody has been injured in the occurrence. In fact, there is a dispute regarding fishing rights in a pond and the petitioner has been made accused in this case only because of such enmity. Regard being had to the aforestated facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada in connection with Pakribarawan P.S. Case No. 173 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T