Dharmbir Yadav @ Dharamveer Yadav @ Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.980 of 2020 Arising Out of PS. Case No.-208 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== DHARMBIR YADAV @ DHARAMVEER YADAV @ DHARMVEER KUMAR Son of Bindeshwar Yadav @ Bindeshwar Yadav Resident of Village- Lakshmanpur, P.S.- Bakhteyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 307, 435, 436, 504, 506 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that in order to created pressure on the informant, the accused persons, variously armed, came to the shop of the informant and fired at him. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.980 of 2020(4) dt.23-06-2020 2/2 tampering of witnesses alleged against the petitioner. There is a case and counter case between the parties. The petitioner has falsely been implicated in the present case. None is said to have got injury in course of occurrence. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the facts and circumstances of the case and also the lockdown, 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 his personal bond to the satisfaction of learned A.C.J.M. Barh, Patna in connection with Bakhteyarpur P.S. Case No. 208 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T