Fulo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7535 of 2023 Arising Out of PS. Case No.-338 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== FULO YADAV Son of Ghuran Yadav R/V- Kapchhahi, P.S- Bahadurpur (Sonki O.P) Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vinay Kumar Mishra For the State :

Mr. Umanath Mishra For the Informant : Mr. Prem Kumar Jha Mr. Rajesh Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, & 307/34 of the Indian Penal Code and Section 25 (1-b)a, 26, 35 and 27 of the Arms Act.

While the informant was cultivating his land, the petitioner in association of other co-accused and 4 to 5 unknown persons are said to have reached there and the petitioner resorted firing two times which did not hit the informant and when the local people came there then the accused persons managed to escape from the place of occurrence.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.7535 of 2023(2) dt.08-05-2023 2/2 He has been falsely implicated in this case due to previous land dispute. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. No one has sustained injury in the aforesaid occurrence. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case as well as the fact that there is admitted land dispute between the parties and no one has sustained injury in the occurrence, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bahadurpur P.S. Case No. 338 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T