Umesh Yadav @ Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65191 of 2018 Arising Out of PS.Case No. -390 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Umesh Yadav @ Umesh Prasad, Son of Late Faneshwar Yadav, Resident of Village- Goghanpatti P.S.- Sour Bazar (Patarghat O.P.), Dist.- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 447, 323, 324, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioner is that he with coaccused broke the teeth of wife of the informant. He made firing also which hit sole of left hand.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The injury is said to be simple in nature. Hence, no offence u/S 307 of

Patna High Court Cr.Misc. No.65191 of 2018 (2) dt.26-10-2018 the Indian Penal Code is made out. There is case and counter case between the parties.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 390 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T