Jai Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1588 of 2022 Arising Out of PS. Case No.-141 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Jai Prakash Yadav Son Of Shiv Nath Yadav Resident Of VillageKhulhariya, P.S.- Buxar (Muffasil), District- Buxar. 2.

Raj Kumar Yadav Son of Shiv Nath Yadav Resident of Village- Kulhariya, P.S.- Buxar (Muffasil), District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Jee Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 307, 324, 326/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged against the petitioner No. 1 that he assaulted with sword to the brother of the informant namely Ramashray Yadav, as a result of which his lef hand got chopped. It is alleged against petitioner No. 2 that he opened fired but it did not hit any one.

Patna High Court CR. MISC. No.1588 of 2022(3) dt.23-08-2022 2/3 Learned counsel for the petitioners seeks permission to withdraw the petition with respect to petitioner No. 1 namely Jai Prakash Yadav.

Permission is accorded.

Accordingly, the petition with respect to petitioner No. 1 is dismissed as withdrawn.

It is submitted by learned counsel for the petitioner No. 2 that specific accusation of making assault with sword is against petitioner No. 1 whose application has been permitted to be withdrawn. The petitioner No. 2 is only alleged to have opened fire but it did not hit any one.

In the facts and circumstance of the case, let the petitioner No. 2, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.1588 of 2022(3) dt.23-08-2022 3/3 Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No. 141 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T