Birbal Yadav @ Praveen Kumar Kushum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55918 of 2023 Arising Out of PS. Case No.-142 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== 1.

BIRBAL YADAV @ PRAVEEN KUMAR KUSHUM SON OF SIYARAM YADAV RESIDENT OF VILLAGE- BANDEHRA, PS- PASRAHA, DISTKHAGARAIA 2.

ROUSHAN YADAV @ ROUSHAN KUMAR YADAV @ ROUSHAN KUMAR SON OF GANDHI YADAV RESIDENT OF VILLAGEBANDEHRA, PS- PASRAHA, DIST- KHAGARAIA 3.

BAM BAM YADAV @ BAM BAM KUMAR SON OF JAI RAM YADAV @ JAILASH YADAV RESIDENT OF VILLAGE- BANDEHRA, PSPASRAHA, DIST- KHAGARAIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Mrs. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307 and other allied Sections of the Indian Penal Code and 27 of Arms Act.

3. The allegation against the petitioners is that they along with other co-accused persons started firing indiscriminately upon the informant due to which he got injured.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.55918 of 2023(3) dt.14-09-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the police has filed final form against the petitioners but differing with the same, learned Court below took cognizance against the petitioners. Petitioner no.1 and 3 have one criminal criminal antecedent and petitioner no.2 has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Supplementary Pasraha P.S. Case No.142 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T