Disposed

Umesh Yadav @ Umesh Singh v. the State of Bihar

Patna HC28 Feb 2020CR. MISC./1604/2020

Case brief

AI extract

What is this about?

Justice Partha Sarthy granted anticipatory bail to petitioners Umesh Yadav and Mahesh Yadav in a case alleging armed firing and murder, directing surrender within six weeks and furnishing a bond with two sureties.

What did the court decide?

The petitioners were granted bail to surrender within six weeks by furnishing a bond of Rs. 10,000 with two sureties of like amount.

Umesh Yadav @ Umesh Singh Vs the State of Bihar — Quashing and FIR | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1604 of 2020

¶2

Arising Out of PS. Case No.-277 Year-2019 Thana- BAKHTIYARPUR District- Patna

¶3

======================================================

¶4

Umesh Yadav @ Umesh Singh Son of Late Munsi Yadav Resident of Village - Chakdaulat, P.S.- Bakhtiyarpur, District- Patna

¶5

Mahesh Yadav Son of Late Ram Brikchh Yadav Resident of Village - Chakdaulat, P.S.- Bakhtiyarpur, District- Patna

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate Mr.Pravin Kumar, Advocate For the Opposite Party/s : Mr.Raj Kishore Singh, APP ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

¶12

3 28-02-2020 Heard learned counsel for the petitioners and learned APP

¶13

for the State.

¶14

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Bakhtiyarpur P.S. Case no. 277 of 2019 registered for the offence under sections 147, 148, 149, 307, 302 and 120B of the Indian Penal Code and section 27 of the Arms Act.

¶15

As per the allegation in the FIR, it is stated that on 24.8.2019 at around 1.30 pm while the informant along with others were carrying out plantation in his land, the accused persons including the petitioners herein variously armed reached there and started indiscriminate firing. It is further stated that

¶16

Patna High Court CR. MISC. No.1604 of 2020(3) dt.28-02-2020 2/3

¶17

Dinesh Yadav fired causing injury on the face of Akhilesh Yadav.

¶18

It is submitted by learned counsel for the petitioners that there is land dispute between the parties and the specific allegation of firing is against Dinesh Yadav. It is further submitted that the case of the petitioners stands on a similar footing to that of co-accused Arbind Yadav who has been enlarged on bail by order dated 18.12.2019 passed in Cr. Misc. no. 83785 of 2019.

¶19

It is submitted by learned counsel for the informant that the petitioners are named in the FIR, there is allegation of firing against them and they have played an active role in the occurrence. It is further submitted that this is not a fit case for grant of anticipatory bail.

¶20

The application for bail has been opposed by learned APP for the State.

¶21

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 on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Bakhtiyarpur P.S. Case no. 277 of 2019 he will

¶22

Patna High Court CR. MISC. No.1604 of 2020(3) dt.28-02-2020 3/3

¶23

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 learned Additional Chief Judicial Magistrate 1^st , Barh, Patna subject to the condition as laid down under section 438(2) of Criminal Procedure Code.

¶24

(Partha Sarthy, J)

¶25

Prakash/-

¶26

Umesh Yadav @ Umesh Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Umesh Yadav @ Umesh Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anil Sah Vs the State of Bihar

Bobby Shankar @ Baby Shankar @ Khusboo Kumar Vs the State of Bihar

Bikash Kumar Mandal @ Bikash Kumar Vs The State of Bihar

Amit Kumar Tiwari Vs The State of Bihar

Puna Saw @ Sunil Saw @ Puna Sah @ Puno Sah Vs The State of Bihar

Renu Devi Vs The State of Bihar