Patna High CourtCR. MISC./75490/2019bail granted

Om Prakash Yadav @ Niwas Yadav v. The State Of Bihar

2019-11-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75490 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== OM PRAKASH YADAV @ NIWAS YADAV S/o Late Damodar Prasad Yadav R/o Mohalla- Awas Board, P.S.- Chitragupta Nagar, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 337, 348, 307/34 of the Indian Penal Code.

Allegation against the petitioner is that he fired three rounds in the air and told co-accused to kill the informant. Coaccused Avinash Yadav assaulted the informant with danda and rod, due to which he sustained injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The allegation of assault is against the co-accused, namely, Avinash

Patna High Court CR. MISC. No.75490 of 2019(2) dt.26-11-2019 2/2 Yadav. The petitioner is alleged to have fired at the time of occurrence, but the same did not hit any person. No injury is attributed against the petitioner.

On behalf of the State, it is 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/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 learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. case No.83 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T