In an anticipatory bail petition, the court refused anticipatory bail where the petitioner allegedly fired a weapon causing injury. It conditioned future regular bail on surrender, citing superficial injuries and a cattle dispute origin.
Petition for anticipatory bail dismissed; future regular bail contingent on surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21079 of 2021
Arising Out of PS. Case No.-115 Year-2020 Thana- NATHNAGAR District- Bhagalpur
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RAKESH YADAV S/o- Ramjee Yadav @ Ramaji Yadav R/o VillageGosaidaspur, P.S.- Nathnagar, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 07-02-2022 Heard Mr. Pawan Kumar, learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Nathnagar P.S. Case No. 115 of 2020 dated 22.02.2020 instituted for the offences under Section 307 of the Indian Penal Code and under Section 27 of the Arms Act.
In view of the allegation against the petitioner of having fired from his weapon injuring the victim, I am not inclined to grant anticipatory bail to him.
However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits taking into account that victim has received only superficial injury and that the occurrence arose out of a dispute over tending of cattle
Patna High Court CR. MISC. No.21079 of 2021(3) dt.07-02-2022 2/2
and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.
The petition stands dismissed with the aforesaid observation.
(Ashutosh Kumar, J)
krishna/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving injury by firing under Section 307 IPC and Section 27 Arms Act.
2 provisions across 2 enactments
RAKESH YADAV
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
