Dayanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74716 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Dayanand Yadav, Gender-Male, aged about 21 years, Son of Rama Shankar Yadav, R/o vill - Belaur, P.S. - Buxar (Ind) Distt. - Buxar ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is apprehending his arrest in connection with Buxar (Industrial) P.S. Case No. 184 of 2023 dated 17.07.2023 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the I.P.C. and Section 27 of the Arms Act.
4. As per the prosecution case, the petitioner alongwith five other persons came to the house of the
Patna High Court CR. MISC. No.74716 of 2023(2) dt.06-12-2023 2/3 informant and started indiscriminate firing with intention to kill the informant and his family members.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties. It is further submitted that no one has sustained firearms injury in the present case. Hence, Section 307 of the I.P.C. and Section 27 of the Arms Act is not made out in the present case. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.
6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar, in connection with Buxar (I) P.S. Case No. 184 of 2023, subject to the condition as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.74716 of 2023(2) dt.06-12-2023 3/3 Criminal Procedure.
8. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T