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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68872 of 2024 Arising Out of PS. Case No.-170 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Amlesh Kumar Yadav @ Amlesh Kumar @ Amlesh Yadav Son of Sikandar Yadav R/O Village- Bhatsara, P.S- Barhara, Dist- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barhara P.S. Case no. 170 of 2023 instituted for the offence under Sections 307, 384 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. According to the case of prosecution, this petitioner along with others arrived and stopped the informant from constructing the house. It is further alleged that they started assaulting the informant. The petitioner and co-accused Raman Yadav were having arms and co-accused Raman Yadav fired upon the informant which did not hit him thereafter, this petitioner also made firing but it missed.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.68872 of 2024(2) dt.18-10-2024 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. It is further submitted that there is case and counter case between the parties. No any injury has been caused to any person. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barhara P.S. Case no. 170 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnia subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Shubham/- U T