IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4899 of 2022

Arising Out of PS. Case No.-127 Year-2021 Thana- MEHANDIGANJ District- Patna

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1.

CHHOTU YADAV SON OF RAMBALAK YADAV R/O VILLAGE-

RANIPUR PANI TANKI, P.S.- MEHANDIGANJ, DISTRICT- PATNA

2.

MANOJ KUMAR @ MANOJ YADAV SON OF LATE SHIVBALAK

YADAV R/O VILLAGE- RANIPUR PANI TANKI, P.S.- MEHANDIGANJ,

DISTRICT- PATNA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Jay Ram Prasad, Adv

For the Opposite Party/s :

Mr. Jai Narain Thakur

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

2

02-08-2022

It is submitted by learned counsel for the petitioners

that during pendency of this application, petitioner no. 2 has

been arrested and, as such, he seeks permission to withdraw this

application.

In view of the aforesaid submission, this application is

dismissed as withdrawn against petitioner no. 2.

So far as petitioner no. 1 is concerned, the instant

application for anticipatory bail has been filed by the petitioner

apprehending his arrest in connection with Mehandiganj P.S.

Case no. 127 of 2021 instituted for the offence under Sections

147, 148, 149, 323, 427, 341, 307, 387, 504, 506 of the Indian

Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.4899 of 2022(2) dt.02-08-2022

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As per allegation in the FIR, accused persons

including the petitioner destroyed the new erected boundry wall

with JCB and on protest co-accused Ratan Yadav opened fire,

which hit none.

Learned counsel appearing on behalf of the petitioner

has submitted that petitioner is innocent and has committed no

offence. Specific allegation of opening fire is against co-accused

Ratan Yadav and not against this petitioner. No one has received

fire arm injury. He has got no criminal antecedent. General and

omnibus allegations have been levelled against the petitioner.

Learned APP appearing for the State has opposed the

prayer of Bail.

Having heard learned counsel for the parties and in

the facts and circumstances of the case as stated above, this

Court is inclined to enlarge the petitioner no. 1 on bail. The

petitioner no. 1 is directed to surrender in the Court below

within a period of four weeks from today and in the event of his

arrest or surrender in connection with Mehandiganj P.S. Case

no. 127 of 2021, he will be enlarged on bail on furnishing bail

bond of Rs. 10,000/- (Rupees ten thousand) each with two

sureties of the like amount each to the satisfaction of learned

S.D.J.M. Patna City subject to the conditions as laid down under

Patna High Court CR. MISC. No.4899 of 2022(2) dt.02-08-2022

3/3

section 438(2) of the Cr.P.C.

sushma/-

(Sunil Kumar Panwar, J)

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