Anand Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19118 of 2016 Arising Out of PS.Case No. -139 Year- 2014 Thana -BELDAUR District- KHAGARIA ====================================================== Anand Kumar Yadav S/o Upendra Yadav, R/o Village - Bahuarba, P.S. - Salkhua, District - Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Beldaur P.S.Case No. 139/2014, disclosing offences under sections 307, 506, 34 of the Indian Penal Code and section 27 of the Arms Act.

It is alleged that the accused persons including the petitioner on 11.8.2014 resorted to indiscriminate firing. It is alleged by the informant that when firing came to a halt, the informant saw accused persons with the aid of torch. They are said to have again resorted to firing.

Learned counsel for the petitioner has submitted that before lodging of the present First Information Report on 13.8.2014, the petitioner had lodged a First Information Report on

Patna High Court Cr.Misc. No.19118 of 2016 (2) dt.12-05-2016 15.3.2014 against the father of the informant registered as Salkhua P.S.Case No. 60/2014. He has submitted that the present case is in retaliation of the earlier case instituted by the petitioner. He further submits that there is no allegation that any person received any injury. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent.

Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.C.Verma, Judicial Magistrate, 1st Class, Khagaria in Beldaur P.S.Case No. 139/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.19118 of 2016 (2) dt.12-05-2016