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Patna High CourtCR. MISC./69509/2023bail granted

Ramesh Yadav v. The State Of Bihar

2023-11-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69509 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- GWALPARA District- Madhepura ====================================================== 1.

RAMESH YADAV SON OF ARJUN YADAV RESIDENT OF VILLAGE GAWALPARA, WARD NO 4, PS- GAWALPARA, DISTRICTMADHEPURA 2.

ARUN YADAV SON ARJUN YADAV RESIDENT OF VILLAGE GAWALPARA, WARD NO 4, PS- GAWALPARA, DISTRICTMADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, petitioner No. 1 is alleged to have ordered to kill the informant and petitioner No. 2 is alleged to have fired upon him.

4. It is submitted on behalf of the petitioners that there is no allegation of overt act against petitioner No. 1 and though there is allegation of firing against petitioner No. 2 but no one sustained any fire arms injury in the alleged incident. Petitioners

Patna High Court CR. MISC. No.69509 of 2023(2) dt.01-11-2023 2/2 claim clean antecedent.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Udakishunganj in connection with Gawalpara P. S. Case No. 80 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T