Patna High CourtCR. MISC./79292/2023bail granted

Dinesh Yadav @ Dinesh Kumar Yadav v. The State Of Bihar

2024-01-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79292 of 2023 Arising Out of PS. Case No.-412 Year-2023 Thana- BUXAR District- Buxar ====================================================== Dinesh Yadav @ Dinesh Kumar Yadav S/O Late Surendra Yadav @ Late Surendra Kumar Yadav R/O Village- Dalsagar, P.S- Buxar Industrial In The Distt. Of Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2024 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 a case in connection with Buxar Town P.S. Case No. 412 of 2023 dated 27.07.2023 registered for the offence/s punishable u/ss 307, 504, 506 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have came near the house of the informant and started firing indiscriminately.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.79292 of 2023(2) dt.23-01-2024 2/2 the petitioner has falsely been implicated in this case. Learned counsel has further submitted that no one sustained fire arm injury. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench of this court vide order dated 07.11.2023 passed in Cr. Misc. No. 72141 of 2023. The petitioner has four other criminal cases and he was acquitted in one criminal case and he is on bail in rest criminal cases as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition 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 bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Buxar Town P.S. Case No. 412 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T