Bir Prakash Yadav @ Birprakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60254 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- GOGRI District- Khagaria ====================================================== Bir Prakash Yadav @ Birprakash, Son of Kamakhya Yadav, Resident of Village - Usari, P.S.- Gogari, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 This is an application for grant of anticipatory bail in connection with Gogarai P.S. Case No. 364 of 2018, disclosing offences under Sections 341, 323, 448, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per F.I.R. there is allegation that petitioner has fired on the informant, but that does not hit anybody and allegation against other accused persons that they have taken away Rs.2000/-. There is allegation of demand of Rangdari also. It further appears that petitioner is accused in two other cases also.
Submission of the learned counsel for the petitioner is that there is land dispute between the parties and in para 6 of the petition he has stated that proceeding under Section 144 of Cr.P.C. was initiated between the parties and the other two cases has been lodged by the informant. Further submission is that
Patna High Court CR. MISC. No.60254 of 2019(2) dt.24-09-2019 2/2 admittedly, shot fire by the petitioner does not hit anybody. Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Gogarai P.S. Case No. 364 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T