Kaushal Yadav @ Kaushal Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87400 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== KAUSHAL YADAV @ KAUSHAL KISHORE YADAV Son of Late Balo Yadav Resident of Village - Siswa, P.S.- Barhara (Raghubansh Nagar), Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Pratap Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Barhara (Raghubansh Nagar) PS case no. 39 of 2019 registered for the offences punishable under Section 307 and other sections of Indian Penal Code, 27 of Arms Act and 3/4 of Explosive Substance Act.

The allegation is regarding the accused persons including the petitioner herein having formed a mob of 20-25 persons, had intercepted the vehicle of the informant, had also made indiscriminate firing on the father of the informant and had also exploded bombs.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.87400 of 2019(2) dt.24-01-2020 2/3 submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that general and omnibus allegation has been levelled against the petitioner herein and no specific allegation of any sort of overt act has been levelled, as far as the petitioner is concerned as also no injury has been specifically attributed to the petitioner herein, which has been sustained by the father of the informant.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent and no specific allegation is alleged qua the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Purnea in connection with Barhara (Raghubansh Nagar) PS case no. 39 of

Patna High Court CR. MISC. No.87400 of 2019(2) dt.24-01-2020 3/3 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T