The Hon'ble High Court granted anticipatory bail to Rakesh Yadav alleging he fired. The court noted no empty cartridges were recovered and no one was injured. Bail was allowed subject to conditions under Section 438 CrPC.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000/- with two sureties of the like amount each within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82369 of 2019
Arising Out of PS. Case No.-230 Year-2019 Thana- GOGRI District- Khagaria
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RAKESH YADAV, aged about 32 years, Male, S/o Late Ramvilash Yadav, Resident of Village- Pitaunjhia, P.S.- Gogri, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 12-12-2019 Heard both sides.
Petitioner apprehends his arrest in Gogri P.S. Case No.230 of 2019, registered under Sections 448, 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.
The informant alleged that some quarrel took place between the children of two families and being inflated by the incidents, the petitioner opened firing with intention to kill the informant.
Learned counsel for the petitioner submits that the petitioner is next door neighbour and co-sharer of the informant. The informant made allegation of firing against the petitioner but nobody was injured nor any sign of firing was found at the place of occurrence. No empty cartridge was recovered from the
Patna High Court CR. MISC. No.82369 of 2019(2) dt.12-12-2019 2/2
place of occurrence.
Taking into consideration the facts that the petitioner is of course alleged to have fired but no empty cartridge was recovered from the place of occurrence and nobody was injured in the firing said to have been made by the petitioner, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Gogri P.S. Case No.230 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
2 issues framed by the court
Whether the petitioner can be enlarged on anticipatory bail given the lack of recovered evidence or injuries.
Whether the non-recovery of empty cartridges and absence of injuries warrants granting bail in a fatal offense.
3 provisions across 3 enactments
RAKESH YADAV
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
