Sikendar Yadav @ Babaji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53138 of 2022 Arising Out of PS. Case No.-47 Year-2020 Thana- SARSI District- Purnia ====================================================== Sikendar Yadav @ Babaji Yadav, S/o Late Mahender Yadav R/o villageBelaghat Baluto, P.S.- Sarsi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Sarsi P.S. Case No. 47 of 2020 registered for the offences punishable under Sections 147, 149, 341, 342, 427, 447, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the informant was repairing of his old house. All of sudden, the petitioner and other co-accused persons armed with lathi, danda, bhala and

Patna High Court CR. MISC. No.53138 of 2022(2) dt.16-01-2023 2/3 pistol came there and the petitioner fired on the son of the informant namely Mannu Kumar which hit in his left foot and due to which he fell down. Thereafter, co-accused persons armed with lathi and danda came and set the curtain on fire and also threatened to kill everyone.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. As per injury report of injured, injury is found on non vital part of the body, appears to be in simple in nature. The petitioner is accused in one more criminal case, in which he is on bail as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submitting that the specific allegation against the petitioner is of firing. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature on non vital part of the body, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Sarsi P.S. Case No. 47

Patna High Court CR. MISC. No.53138 of 2022(2) dt.16-01-2023 3/3 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T