Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54943 of 2018 Arising Out of PS. Case No.-259 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== Rajesh Yadav Son of Late Jagdev Yadav, Resident of Village- Yaduvansh Nagar, Bharatkhand, Police Station- Parbatta (Bharatkhand O.P.), DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 354, 307, 504, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant along with her husband had gone to cut grass at her land, the accused persons abused and misbehaved with her. On protest, the accused person shot at her husband which hit on his chest and left side of stomach.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.54943 of 2018(3) dt.29-11-2018 2/2 petitioner has been falsely implicated in the present case. No injury is said to have been caused upon the victim by the petitioner. At the alleged time of occurrence, the petitioner is said to have caught hold of the informant. There is no injury report in the case diary to support the offence u/S 307 of the Indian Penal Code.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Khagaria in connection with Parbatta P.S. Case No. 259 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T