← Library
Patna High CourtCR. MISC./6845/2016bail granted

Rohit Yadav @ Rohit Kumar And ANR v. The State Of Bihar

2016-02-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6845 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Rohit Yadav @ Rohit Kumar, Son of Ramjee Yadav

2. Ramjee Yadav Son of Late Ghurahu Yadav, Both R/o Village- Parvatpur, P.S.- Chainpur, District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar Seth For the Opposite Party/s : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 326, 307 of the Indian Penal Code and 25(1B)a/26/35/27 of the Arms Act. The prosecution case is that the informant was sitting in his house when the petitioners along with coaccused Subhash Yadav came armed with firearm and lathi, danda when Subhash Yadav shot at the informant's brother causing injury to him then the nearby people came and snatched the gun from the hand of Subhash Yadav.

Patna High Court Cr.Misc. No.6845 of 2016 (2) dt.15-02-2016 2/2 It is submitted by learned counsel for the petitioners that the specific accusation of firing is only levelled against co-accused Subhash Yadav. No specific overt act has been alleged against the petitioners.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 242 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T