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Patna High CourtCR. MISC./46312/2019bail granted

Anirudh Yadav v. The State Of Bihar

2019-07-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46312 of 2019 Arising Out of PS. Case No.-945 Year-2018 Thana- NAWADA District- Nawada ====================================================== 1.

ANIRUDH YADAV Son of Chando Yadav Resident of Village-Paura, Police Station-Kadirganj, District-Nawada.

2.

Sanjay Yadav Son of Chando Yadav Resident of Village-Paura, Police Station-Kadirganj, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Nawada Town (Kadirganj) P.S. Case No. 945 of 2018, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

It is evident from the First Information Report that the informant's family and the persons named in the FIR are on litigating terms. Though there is allegation of opening fire against the petitioner, it is evident from the First Information Report itself that no person received any fire-arm injury. There is allegation in the FIR of assault against the petitioners.

Patna High Court CR. MISC. No.46312 of 2019(2) dt.26-07-2019 2/2 However, taking into account the fact that the informant and the petitioners' family are on litigating term and possibility of false implication cannot be ruled out, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Nawada Town (Kadirganj) P.S. Case No. 945 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T