Kapleshwar Yadav @ Kapileshwar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.48341 of 2015 (3) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48341 of 2015 Arising Out of PS.Case No. -54 Year- 2001 Thana -TRIVENIGANJ District- SUPAUL ====================================================== KAPLESHWAR YADAV @ KAPILESHWAR YADAV Son of Motilal Yadav, Resident of Village - Laharnia, P.S. - Triveniganj, District - Supaul. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra For the Opposite Party : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Learned counsel for the petitioner is permitted to make necessary correction in para-1 of the petition in course of the day. Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Triveniganj P.S. Case No. 54 of 2001 for the offences instituted under Sections 341, 307, 304 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case that the accused persons were armed with lathi and fire arm and on the order of Motilal Yadav one of the co-accused Mahendra Yadav shot fire causing injury on his right thigh. It is further stated that on the sound of firing, the nearby people reached there whereupon the accused persons

Patna High Court Cr.Misc. No.48341 of 2015 (3) dt.04-02-2016 escaped from the place of occurrence and the informant was moved to hospital for treatment, the dispute behind the occurrence has been alleged to be land dispute.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Vide Annexure-2, a final form was submitted against the petitioner. As per the FIR, no specific overt-act has been alleged against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Triveniganj P.S. Case No.54 of 2001 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T