Ram Vinay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68050 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Ram Vinay Yadav, Son Of Sohrayi Yadav, Village- Kukri Bigha, Ps- Dulhin Bazar, Dist- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeeb Kumar Sanju, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In this case, the petitioner is apprehending his arrest in connection with Dulhin Bazar P.S. Case No. 84 of 2023, registered on 03.03.2023 for the offences under Sections 149, 147, 341, 323, 448, 337, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, petitioner and other coaccused persons tried to outrage the modesty of the daughter-inlaw of the informant and later on they entered into the house of the informant and opened fire.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The present case has been lodged against the petitioner due
Patna High Court CR. MISC. No.68050 of 2023(3) dt.27-02-2024 2/3 to previous enmity in Panchayat Election. There is case and counter case between the parties and the petitioner and his wife have lodged Dulhin Bazar P.S. Case No. 81 of 2023 and Dulhin Bazar P.S. Case No. 85 of 2023 against the son of the informant and others. No occurrence as alleged has ever taken place. However, both the sides resorted to brick batting and persons from both sides sustained injuries but no firing was made as alleged. Petitioner is having criminal antecedent of three cases but in one case petitioner has been acquitted and in another case police submitted final form against the petitioner and the third case has been lodged by the same informant.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the long standing dispute between the parties and also considering the case and counter case between them coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.68050 of 2023(3) dt.27-02-2024 3/3 satisfaction of learned Judicial Magistrate-1st Class, Danapur/court concerned in connection with Dulhin Bazar P.S. Case No. 84 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T