Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61368 of 2024 Arising Out of PS. Case No.-454 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Harendra Yadav Son of Siddhi Yadav Resident of Village - Salempur, Police Station - Arrah Muffasil (Dhobaha O.P.), District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 307 of the Indian Penal Code and Sections 27, 25(1-b)a, 26 and 35 of the Arms Act.

As per allegation in the FIR, it is a case of shot fire upon the informant with an intention to kill him by the petitioner and other accused persons.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is general and omnibus allegation against the

Patna High Court CR. MISC. No.61368 of 2024(2) dt.17-01-2025 2/2 petitioner, petitioner was not arrested at the spot and nothing incriminating article has been recovered from the house or from the possession of the petitioner. He next submits that a compromise petition has also been filed before the trial Court which is annexed as Annexure-P/2 of the petition. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

In view of the aforesaid facts and circumstances as also the fact that both parties have compromised the case, so let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhojpur, Arrah in connection with Arrah Muffasil P.S. Case No. 454 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T