Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70580 of 2022 Arising Out of PS. Case No.-80 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Vinod Yadav Son Of Lalan Yadav R/O- Chotki Vasauli, P.S.- Buxar (Industrial), District- Buxar 2.

Dhanjee Yadav Son Of Saheb Yadav R/O- Chotki Vasauli, P.S.- Buxar (Industrial), District- Buxar 3.

Prince Yadav Son Of Ramashray Yadav R/O- Chotki Vasauli, P.S.- Buxar (Industrial), District- Buxar 4.

Saroj Yadav Son Of Surendra Yadav R/O- Chotki Vasauli, P.S.- Buxar (Industrial), District- Buxar 5.

Hareram Yadav Son Of Sury Nath Yadav @ Suraj Nath Yadav R/O- Chotki Vasauli, P.S.- Buxar (Industrial), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307,188, 504, 506 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that, in a land measurement dispute, they along with other co-accused persons variously armed with pistol, gun rod, javelin, rifle, farsa along

Patna High Court CR. MISC. No.70580 of 2022(2) dt.28-02-2023 2/3 with 10 other unknown persons came there and made indiscriminate firing due to which five persons received serious fire arm injuries.

Learned counsel for the petitioners that no such occurrence as alleged ever took place. They have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is admitted land dispute between the parties. He further submits that the police has submitted final form against the petitioners but learned court below has differed the final form and taken cognizance against the petitioners hence, this anticipatory bail application is being filed. Petitioners have got no criminal antecedents as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for bail. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.70580 of 2022(2) dt.28-02-2023 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Buxar (Industrial) P.S. Case No. 80 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T