Patna High CourtCR. MISC./83408/2023bail granted

Tuntun Yadav v. The State Of Bihar

2024-01-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83408 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- BITHAN District- Samastipur ====================================================== 1.

TUNTUN YADAV SON OF MUSHO YADAV R/O VILLAGEBATARDIHA, P.S.- BITHAN, DISTRICT- SAMASTIPUR 2.

KRISHNA KUMAR SON OF SOGARATH YADAV R/O VILLAGEBATARDIHA, P.S.- BITHAN, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratik For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners apprehend their arrest in Bithan P.S. Case No. 85 of 2023 registered for the offence punishable under Section 307/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, on the order of the petitioners, the coaccused namely Abhimanyu Kumar is said to have opened fire, which hit one Asha Devi who sustained fire-arm injury. Learned counsel for the petitioners has submitted that the petitioners are innocent and they have falsely been implicated in this case. The allegation of firing is against co-

Patna High Court CR. MISC. No.83408 of 2023(2) dt.18-01-2024 2/2 accused, Abhimanyu Kumar and merely being family members of said Abhimanyu Kumar, the petitioners have falsely been implicated in the present case. The petitioners are the persons of clean antecedent.

Learned counsel appearing for the State opposed the prayer for anticipatory bail.

Considering the above-mentioned facts and circumstances of the case coupled with the fact that they are the persons of clean antecedent, let the petitioners named above, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Ravi Shankar Paswan, learned Judicial Magistrate-Ist class, Rosera at Samastipur in connection with Bithan P.S. Case No. 85 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C. (Nawneet Kumar Pandey, J) A.K.V.//- U T