Sudhir Kumar Yadav @ Sudhir Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58963 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- PANDARAK District- Patna ====================================================== Sudhir Kumar Yadav @ Sudhir Prasad Son of Janardan Prasad Resident of Village - Dargadi Tola, P.S. - Pandarak, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pandark Police Station Case No. 123 of 2024, dated 23.05.2024, disclosing offences under Sections 447/341/506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that on 23.05.2024, in the night, while the informant was sleeping in his home, the petitioner started firing indiscriminately, however, the bullet did not hit the informant and the same hit the wall of the informant's house.

4. Learned counsel for the petitioner submits that from perusal of the First Information Report, it would be

Patna High Court CR. MISC. No.58963 of 2024(2) dt.11-09-2024 2/2 evident that both the petitioner and the informant are covillagers and the petitioner has been made accused due village politics. He next submits that two used cartridges have been recovered by the police. The petitioner has got no criminal antecedent.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers and the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, Patna, in connection with Pandarak Police Station Case No. 123 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T