Partly allowed

Chhedi Yadav v. The State of Bihar

Patna HC5 Jul 2022CR. MISC./22608/2021

Case brief

AI extract

What is this about?

The High Court dismissed the application as withdrawn regarding the first petitioner. For the second petitioner, the court granted anticipatory bail upon arrest or surrender within six weeks, conditioned upon removing specific defects within the same period.

What did the court decide?

Permission granted for withdrawal regarding petitioner no. 1; Anticipatory bail granted to petitioner no. 2 subject to surrender within 6 weeks and removal of defects.

Chhedi Yadav Vs The State of Bihar — Quashing and FIR | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22608 of 2021

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Arising Out of PS. Case No.-117 Year-2019 Thana- MUNGER MUFFASIL District- Munger

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Chhedi Yadav Son Of Late Mahavir Yadav Resident Of Village/ MohallaTika Rampur, Bihari Tola, Police Station- Mufassil, District- Munger.

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Jitendra Yadav Son Of Chhedi Yadav Resident Of Village / Mohalla- Tika Rampur, Bihari Tola, Police Station- Mufassil, District- Munger

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... ... Petitioner/s

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Versus

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The State of Bihar

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Sanjiv Kumar Singh For the Opposite Party/s : Mr. Umanath Mishra

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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3 05-07-2022

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Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 1.

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Permission is granted.

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Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 1.

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Heard learned counsel for the parties for consideration of bail with regard to petitioner no. 2.

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Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

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Patna High Court CR. MISC. No.22608 of 2021(3) dt.05-07-2022 2/3

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

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Petitioner is said to have made indiscriminate firing of 7-8 round upon the informant and his father with intention to kill them but unfortunately they did not sustain any firearm injury.

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It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that no incriminating article has been recovered from the possession of the petitioner. He further submits that petitioner has two criminal antecedent as stated in para-3 of this application.

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Learned APP for the State opposes the prayer for

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bail.

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Considering the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two

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Patna High Court CR. MISC. No.22608 of 2021(3) dt.05-07-2022 3/3

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sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mufassil P.S. Case No. 117 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Chhedi Yadav v. The State of Bihar

Case brief

What is this about?

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Chhedi Yadav v. The State of Bihar

Case brief

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