Patna High CourtCR. MISC./32582/2014bail granted

Dhago Yadav @ Dhajo Yadav v. The State Of Bihar

2015-02-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32582 of 2014 Arising Out of PS.Case No. -234 Year- 2013 Thana -BAKHTIYARPUR District- PATNA ====================================================== Dhago Yadav @ Dhajo Yadav .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Nath Jha, Advocate. For the Opposite Party : Mr. M.K.Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 504, 307, 447 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that six F.I.R. named accused persons came armed with rifle, pistol, abused the informant and fired at him but firing hit the buffalo of the informant. It is also alleged that earlier an attempt to kill the informant was made for which Bakhtiarpur P.S. Case No. 145 of 2013 was registered.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. F.I.R. was registered on 21.10.2013 but it

Patna High Court Cr.Misc. No.32582 of 2014 (3) dt.19-02-2015 2 / 2 reached to the learned court below on 25.10.2013 which suggests that antedating has been done by registering F.I.R. The petitioner was not accused in earlier case lodged by the informant and statement to that effect has been made in paragraph no. 2 of the supplementary affidavit. A statement has been made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Bakhtiyarpur P.S. Case No. 234 of 2013 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T