Bijen Yadav @ Bijendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68425 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== BIJEN YADAV @ BIJENDRA KUMAR YADAV SON OF LATE KHELANAND YADAV @ KHELO YADAV RESDIENT OF VILLAGEMATNAJA GRAM PANCHAYAT, BARHARA, PS- NARPATGANJ, DISTTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Bhushan Das, Advocate For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2023 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Narpatganj PS case no. 207 of 2023, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of Arms Act. 3.

The prosecution story, in brief, is that on 25.04.2023, while the informant was ploughing his land along with his nephew, in the meantime, accused persons arrived there and objected him from ploughing the land. Thereafter, co-accused Shobha Nand Yadav ordered to kill them, upon which the petitioner fired from his Three Nut Three pistol on the forehead of the informant, due to which, he sustained

Patna High Court CR. MISC. No.68425 of 2023(2) dt.07-11-2023 2/3 injury.

4.

Learned Counsel for the petitioner submits that both parties are co-villagers and a land dispute is existing between them. It is further submitted that a case has also been lodged by the petitioner's side against the informant and his nephew bearing Narpatganj PS case no. 185 of 2020. Referring to Annexure-3, which is the injury report, learned counsel for the petitioner submits that the injury sustained by the informant is simple in nature caused by hard and blunt substance whereas the allegation against the petitioner is of firing upon the informant with Three Nut Three pistol.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the material available on record and the injury report, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj PS case no. 207 of 2023, subject to

Patna High Court CR. MISC. No.68425 of 2023(2) dt.07-11-2023 3/3 the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T