Dheeraj Kumar @ Dheeraj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1740 of 2022 Arising Out of PS. Case No.-351 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

DHEERAJ KUMAR @ DHEERAJ KUMAR YADAV Son of - Guljari Yadav Resident of Village - Dhobinia, P.S. - Naugachhia, District - Bhagalpur.

2.

Nitish Kumar @ Nitish Kumar Yadav Son of - Murari Yadav Resident of Village - Dhobinia, P.S. - Naugachhia, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2.

Permission is accorded.

The petitioner no.1 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 447, 379, 307, 504, 506 and 34 of the Indian Penal Code read with Sections 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant

Patna High Court CR. MISC. No.1740 of 2022(2) dt.08-08-2022 2/3 alleges that on orders of Guljari Yadav, the petitioner fired at the informant but the informant managed to save himself and thereafter it is alleged that Guljari Yadav assaulted the informant by an iron rod causing injury due to which he became unconscious.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that it absolutely does not stand to reason that if the petitioner had any intention to fire at the informant then he had an opportunity as in the FIR it is alleged that on account of assault made by Guljari Yadav, the informant fell unconscious but still the petitioner did not fire at him which amply demonstrates that the allegation is ornamental in nature. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.1740 of 2022(2) dt.08-08-2022 3/3 court in connection with Naugachhia P.S. Case No. 351 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) shivam/- U T