Chhotan Yadav @ Chhotan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56421 of 2018 Arising Out of PS.Case No. -116 Year- 2018 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Chhotan Yadav @ Chhotan Prasad S/o Shiv Balak Yadav, R/o Vill.- Prahladnagar, P.S.- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that while the informant was on her roof, firing and counter-firing was being made between the petitioner and co-accused. She felt some pain and blood was oozing out and it was suspected that she sustained injury by firing. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. As per allegation, firing had taken place

Patna High Court Cr.Misc. No.56421 of 2018 (4) dt.20-11-2018 between the petitioner and co-accused namely Awadh Bihari @ Banda. In course of occurrence, the victim sustained fire arms injury accidentally. There was no intention to cause injury to the victim. No specific allegation of firing has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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, Nalanda at Bihar Sharif in connection with Noorsarai P.S. Case No. 116 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T