Ratan Yadav @ Ratandeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57217 of 2018 Arising Out of PS.Case No. -240 Year- 2017 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Ratan Yadav @ Ratandeo Yadav, Son of Pulkit Yadav, Resident of VillageNaugachhia Basa, Police Station- Alam Nagar, District- Madhepura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Alam Nagar P.S. Case No. 240 of 2017 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that he made firing in air and according to prosecution case itself, petitioner did not even touch the body of the injured.

Submission on behalf of the petitioner is that informant had taken loan and had mortgaged his land but without making payment of loan amount he forcibly made attempt to cultivate the land which was opposed by the petitioner and others

Patna High Court Cr.Misc. No.57217 of 2018 (2) dt.20-09-2018 2/2 upon which prosecution party badly assaulted the petitioner and others for which Alam Nagar P.S. Case No. 241 of 2017 was lodged. He further submits that so far as allegation of firing is concerned, the same is nothing but only a super addition with an object to make the offence graver.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Udakishunganj, Madhepura in Alam Nagar P.S. Case No. 240 of 2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T