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Patna High CourtCR. MISC./61178/2018bail granted

Arbind Yadav And ANR v. The State Of Bihar

2018-10-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61178 of 2018 Arising Out of PS.Case No. -327 Year- 2017 Thana -JAGDISHPUR District- BHOJPUR ======================================================

1. Arbind Yadav

2. Sabha Yadav Both are sons of Jag Mohan Yadav, Resident of VillageNarpatpur, P.S. Piro, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta, Adv For the Opposite Party/s : Mr. Sri Tapeshwar Sharma,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-10-2018 Petitioner No.1-Arbind Yadav has already been arrested in this case. Hence, his prayer for anticipatory bail is dismissed as infructuous.

Heard learned counsel for the petitioner No.2 and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 447,341,323,354,307,504/34 of the Indian Penal Code and 27 of Arms Act.

Allegation against petitioner-Sabha Yadav is that he had fired, which hit at the wall. This fact was realized by the informant when he saw sign of shots at the wall. Submission is that false allegation is there. Some other unknown person were also there on the vehicle, it is not specific that the petitioner had fired on

Patna High Court Cr.Misc. No.61178 of 2018 (2) dt.05-10-2018 2/2 anyone.

Considering the facts of this case, let the petitioner No.2, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on 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 below where the case is pending in connection with Jagdishpur P.S.Case No.327 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T