Manjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64795 of 2018 Arising Out of PS.Case No. -13 Year- 2018 Thana -BACHHWARA District- BEGUSARAI ======================================================

1. Manjay Yadav, Son of Radhey Yadav, Resident of Village- Narepur Diyara, Ward No.14, Shravan Tol, P.S.- Bachhawara, Distt- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 307, 386, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant was coming with grass, in the way, the accused persons variously armed came, abused him and protest, they demanded Rs. 50,000/- as rangdari. It is further alleged that indiscriminate firing was also made.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.64795 of 2018 (2) dt.25-10-2018 petitioner has been falsely implicated in the present case. The injury caused by the petitioner is said to be on non-vital part of the body. Hence, no offence u/S 307 of the Indian Penal Code is made out. The date of occurrence is said to be 02-01-2018 and the case has been instituted on 29-01-2018. The delay in lodging the FIR has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Begusarai in connection with Bachhawara P.S. Case No. 13 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T