Fuldev Yadav @ Phuldev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82508 of 2024 Arising Out of PS. Case No.-278 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Fuldev Yadav @ Phuldev Yadav S/O Batahu Yadav R/O Village- Balua, Mansapur, P.S.- Laukahi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-05-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Phulparas PS case no. 278 of 2022 dated 10.06.2022, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code. 3.

The prosecution story, as per the First Information Report, is that on 10.06.2022 in the morning, while the informant was repairing her house, the named accused persons along with 4-5 unknown persons arrived at the place of occurrence and co-accused Sudhir Yadav opened fire upon informant's daughter, due to which she sustained injury on her leg. When nephew of the informant intervened to rescue and take her to hospital, the named accused Sudhir Yadav again

Patna High Court CR. MISC. No.82508 of 2024(3) dt.08-05-2025 2/3 opened fire, which hit at the chest of informant's nephew Krishnadeo Yadav (deceased).

4.

Learned Counsel for the petitioner submits that petitioner is not named in the First Information Report and his name transpired during course of investigation along with three other accused persons, out of whom accused Umesh Yadav and Dinesh Yadav have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 03.05.2024, passed in Cr. Misc. No. 23483 of 2024. Learned counsel further submits that petitioner was not present at the place of occurrence. He also submits that one named accused Chandra Kishor Yadav has also been granted bail by a co-ordinate Bench of this Court vide order dated 20.02.2024, passed in Cr. Misc. No. 5944 of 2024.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is not named in the F.I.R., similarly situated accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court and the petitioner is having no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.82508 of 2024(3) dt.08-05-2025 3/3 7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, Madubani in connection with Phulparas PS case no. 278 of 2022, subject to the condition laid down under Section 482 of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T