Ranvir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59299 of 2023 Arising Out of PS. Case No.-1234 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Ranvir Yadav S/O Late Ganesh Yadav R/o vill - Kumrar Chakki, P.S. - Muffasil, Distt. - Khagaria 2.
Billo Yadav Son of Satya Narayan Yadav R/o vill - Kumrar Chakki, P.S. - Muffasil, Distt. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-10-2023 Heard Mr. Ramesh Kumar Singh, learned counsel for the petitioners and Mr. Surendra Prasad Singh, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Khagaria (Muffasil) P.S. Case No. 1234 of 2022, F.I.R. dated 20.11.2022 for the offences punishable under Sections 147, 148, 149, 447, 427, 307, 504, 506 and 385 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, all the accused persons including these petitioners have fired indiscriminately upon the informant and his nephews, namely, Bipin Yadav and Ankush Kumar and also demanded Rs. 5 lakh as extortion. It is
Patna High Court CR. MISC. No.59299 of 2023(2) dt.19-10-2023 2/3 further alleged that Ankush Kumar got one injury which was caused by firearm.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that it appears from the F.I.R that the allegation against the petitioners is that they have fired upon the informant and his nephews. He further submits that the injury report of Binpin Yadav suggests that the injury was caused by hard and blunt substance and the injury report of Ankush Kumar suggests that the injury was caused by fire arm which is simple in nature. He further submits that there is land dispute between the parties.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners and submits that there is specific allegation against the petitioners that they have fired upon the informant and his nephews, namely, Bipin Yadav and Ankush Kumar where Ankush Kumar has received firearm injury. Apart from that the petitioners carries one criminal antecedent other than the present one.
6. Considering the aforesaid facts that there is direct and specific allegation against these petitioners that they have fired upon the informant and others and 19 cartridges have been
Patna High Court CR. MISC. No.59299 of 2023(2) dt.19-10-2023 3/3 recovered from the place of occurrence, I am not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Khagaria (Muffasil) P.S. Case No. 1234 of 2022 pending in the court of Chief Judicial Magistrate, Khagaria.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Vanisha/- U T