Bhupendra Yadav @ Bhuvan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70225 of 2018 Arising Out of PS. Case No.-133 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Bhupendra Yadav @ Bhuvan Yadav, Son of Sri Prasad Yadav, Resident of Village- Sisba Barhi, P.S.- Phulpras, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506 and 307of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per the fardbeyan of the informant Amerika Devi recorded by the S.H.O., Phulparas P.S., is to the effect that on 28.06.2018, when the informant came to her house from orchard, 7 FIR named persons including the petitioner along with 4-5 unknown persons came variously armed and started firing. They were intending to kill the husband of the informant namely, Hare Krishna Yadav, but when the husband of the informant could not be found then the accused persons fired gunshots on the informant with an intention to kill her.

Patna High Court Cr.Misc. No.70225 of 2018(2) dt.07-12-2018 2/2 Consequently, she received injury on her left hand. It is submitted by learned counsel for the petitioner that the specific accusation of resorting to firing and causing firearm injury is against the co-accused Om Prakash Yadav and the accusation made by the informant is found to be omnibus and general in nature.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the fact that the accusation of causing firearm injury is against co-accused Om Prakash Yadav, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IInd, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 133 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T