Hari Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81037 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== 1.

HARI KISHORE YADAV S/O BIRBAL YADAV VILLAGE- SISWA BARHI, PS. PHULPARAS, DIST. MADHUBANI.

2.

BIRBAL YADAV S/O ANIRUDH YADAV VILLAGE- SISWA BARHI, PS. PHULPARAS, DIST. MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 25(1-b)a, 26, 35, 27 of the Arms Act.

3. As per the prosecution case, on 29.10.2022 at about 7 P.M., this petitioner and F.I.R. named accused persons armed with pistol made indiscriminate firing and fled away. A country-made pistol also recovered from the place of occurrence.

4. It is submitted on behalf of the petitioners that only allegation of indiscriminate firing and no one sustained any injury and they have been made accused

Patna High Court CR. MISC. No.81037 of 2023(3) dt.05-03-2024 2/2 on the basis on only suspicion and on account of previous land dispute.

5. Learned A.P.P. for the State has vehemently opposed the bail petition and submits that the petitioners are named in the F.I.R. and these petitioners with the help of other accused persons made indiscriminate firing and one countrymade pistol has been recovered from the place of occurrence. It is also submitted that the petitioners have four criminal antecedent as stated in para 3 of the bail petition.

6. Considering the aforesaid facts and circumstances and the fact that that the petitioners have four criminal antecedent, I am not inclined to grant bail to the petitioners. Therefore, the prayer for bail of these petitioners is dismissed. (Prabhat Kumar Singh, J) sanjeev/- U T