Bikki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57628 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== BIKKI YADAV Son of Late Bisnudeo Yadav Resident of Village - Maheshpur, P.S.- Piri Bazar, Distt - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Raju For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Piri Bazar Police Station Case No.49 of 2019 registered under Sections 341, 323, 307 and 504/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that on 19.04.2019 at about 08.00 P.M., the informant Bipin Yadav along with his friend Ramdeo Yadav was returning to his house from Piri Market. In the way, all of sudden, four persons came in front of the informant and surrounded the road. When the friend of the informant flashed torch light, then the informant identified all the four persons, named in the F.I.R, including the petitioner in the light of the

Patna High Court CR. MISC. No.57628 of 2019(2) dt.13-09-2019 2/3 torch. Thereafter, when Tuntun Sahni was trying to put the pistol from his waist, then, in the meantime, Manish Kumar shot fire from his pistol at the informant, which passed over by the side of his right ear causing injury on his head. After that, when the informant started to flee away towards police station, then Tuntun Sahni chasing him shot fire at him but the same did not hit him. At that time, Bipin Sahni also ran to caught hold of the informant and this petitioner was giving order to kill him. Learned counsel for the petitioner submits that, in fact, the mother of the petitioner was killed regarding which Piri Bazar P.S. Case No.

47 of 2013 was instituted on the basis of the fardbeyan of the petitioner against the informant of the present case and others, due to that reason, only to give undue pressure, the informant has lodged this false case against the petitioner and others. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.

Patna High Court CR. MISC. No.57628 of 2019(2) dt.13-09-2019 3/3 Station Case No.49 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T