Laxman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78236 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== Laxman Yadav Son of Late Ramun Yadav Resident of Village- Rampur, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chandi P.S. Case No. 77 of 2024 for the offence punishable under sections 147, 148, 149, 323, 341, 504, 302 of the Indian Penal Code and Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

3. The prosecution case, in brief, is that on 21.06.2024 at about 8:00 p.m., this petitioner along with other accused persons came at the door of the informant and started abusing him and on protest, co-accused Kaushal opened fire which hit on the chest of the son of informant, as a result of which he sustained injury. Thereafter, the accused persons fled away. The injured was rushed to Sadar Hospital, Ara for treatment but was

Patna High Court CR. MISC. No.78236 of 2024(2) dt.21-11-2024 2/3 declared dead.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case merely on suspicion. The specific accusation of firing is against co-accused Kaushal. No specific over act is alleged against this petitioner. The allegation levelled against the petitioner is general and omnibus in nature.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that similarly situated co-accused Munna Kumar has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 29.10.2024 passed in Cr. Misc. No. 76757 of 2024. Hence, it is not the fit case of anticipatory bail.

6. Having considered the submissions advanced on behalf of the parties, material available on record and the fact that no specific over act is alleged against this petitioner, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.78236 of 2024(2) dt.21-11-2024 3/3 connection with Chandi P.S. Case No. 77 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) utkarsh/- U T