Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72192 of 2018 Arising Out of PS. Case No.-504 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sudhir Yadav, S/O Chamru Yadav @ Sidheshwar Yadav, R/V- Patthlapar, P.S. Sheikhpura, District-Sheikhpura.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bipin Kumar, Advocate.

For the Opposite Party :

Mr. Dilip Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 323, 324, 307, 429 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the petitioner alongwith nine others opened indiscriminate firing from country made rifle and pistol unanimously upon the informant Fudan Yadav with intention to kill him and informant sustained firearm injury on upper knee of left leg of co-accused Ramashish and calf of Raj Kumar has been killed by the firearm of co-accused Chandan Yadav.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The

Patna High Court Cr.Misc. No.72192 of 2018(2) dt.04-12-2018 2/2 petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Specific allegation is against co-accused Ramashish Yadav causing injury on the knee of the victim. As far as petitioner is concerned, no specific injury is attributed against him. General and omnibus allegation has been made against him.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Sheikhpura, in connection with Sheikhpura P.S. Case No. 504 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T