Gaya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54756 of 2018 Arising Out of PS. Case No.-92 Year-2018 Thana- SISWAN District- Siwan ====================================================== Gaya Yadav, Son of Late Chandra Yadav, Resident of Village - Rampur Ke Tola, P.S. - M.H. Nagar, District Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the State :

Mr. Sunil Kumar Pandey, APP For the O.P. No.2 :

Mr. Rajiv Kumar, Advocate Mr. Gajendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned APP for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 307 and 506 of the Indian Penal Code.

According to F.I.R., on the order of this petitioner, co-accused, Guheli Yadav fired thrice causing injury to the father of the informant as well as to the informant. The reason of the occurrence is that informant was in love with the daughter of the petitioner.

Submission is that no overt act is alleged against the petitioner and petitioner has got no criminal antecedent. Learned counsel for the informant opposed the

Patna High Court Cr.Misc. No.54756 of 2018(2) dt.25-10-2018 2/2 prayer for anticipatory bail on the ground that petitioner had staged the entire occurrence and he was the main person behind the occurrence.

Considering the nature of allegation against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Siswan Police Station Case No.92 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) abhishek/- U T