Baleshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26474 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -CHANAN District- LAKHISARAI ====================================================== Baleshwar Yadav, son of Late Sadhu Yadav, resident of villageChuramanbigha, Police Station- Chanan, District- Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Jainendra Kumar, Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Chanan P.S. Case No.131 of 2017 registered under Sections 341, 323, 324, 325, 307, 504, 506 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by the learned counsel for the petitioner that there is case and counter case and from the allegations made in the first information report itself it would transpire that none of the ingredients of the offence punishable under Section 307 of the Indian Penal Code are attracted. It is further submitted that the petitioner is an old man aged about seventy years having no criminal antecedent. In the alleged occurrence of offence he

Patna High Court Cr.Misc. No.26474 of 2018 (2) dt.07-05-2018 2/2 himself had sustained grievous injuries whereas the members of the prosecution party had sustained simple and superficial injuries. Lastly, it is submitted that so far as the petitioner is concerned, he is simply said to be an order giver.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.

Having considered the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to 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 Additional Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No.131 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T