Mukesh Yadav @ Mukan Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20011 of 2017 Arising Out of PS.Case No. -492 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================
1. Mukesh Yadav @ Mukan Yadav,
2. Bikash Yadav @ Bikkam Yadav, Both SI Nos. 1 & 2 are sons of Charitra Yadav, Both are resident of Village- Bhavariya, P.S.- Ramgarh Chowk, District- Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/148149/324/307 of the Indian Penal Code and Section 27 of the Arms Act.
Petitioner Bikash Yadav @ Bikkam Yadav fired causing injury at the arm of the informant. There is general and omnibus allegation of commission of fire-arm injury to the husband of the informant against other named accused including petitioner Mukesh Yadav @ Mukan Yadav. The doctor has found fire-arm injury on the person of informant Mina Devi. However,
Patna High Court Cr.Misc. No.20011 of 2017 (3) dt.29-06-2017 2/3 no fire-arm injury had been reported on the person of the husband of the informant.
Some other co-accused similar to petitioner Mukesh Yadav @ Mukan Yadav have been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.7878 of 2017 on 16.03.2017.
Considering the aforesaid facts, let petitioner Mukesh Yadav @ Mukan Yadav, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/Successor Court in connection with Lakhisarai (Ramgarh Chowk) Police Station Case No.492 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.
Considering the specific allegation against petitioner Bikash Yadav @ Bikkam Yadav, I am not inclined to grant
Patna High Court Cr.Misc. No.20011 of 2017 (3) dt.29-06-2017 3/3 anticipatory bail to him. Hence, the prayer for anticipatory bail is refused.
Accordingly, the application stands disposed of. (Birendra Kumar, J) Mkr./- U T