Allowed

Ankajyadav v. The State of Bihar

Patna HC22 Dec 2022CR. MISC./44680/2022

Case brief

AI extract

What is this about?

This case granted bail to two petitioners accused of firing in air and other offences under IPC and Arms Act after investigation was completed. The court observed lack of intent to cause death due to firing in air. Bail granted on personal bond of Rs 10,000 with two sureties under CrPC.

What did the court decide?

Accused directed to be released on bail on furnishing bond of Rs.10,000 each with two sureties of like amount under Section 437 CrPC.

Ankajyadav Vs The State of Bihar — Cheque Dishonour | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44680 of 2022

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Arising Out of PS. Case No.-184 Year-2021 Thana- KHARIK District- Bhagalpur

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

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1. Ankajyadav son of lateramjotyadav resident of village- usmanpur, pskharik, dist- bhagalpur

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AnantYadav Son of MahendraYadav Resident of village- Usmanpur, PSKharik, Dist- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Nawal Kishore Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

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ORAL ORDER

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2 22-12-2022

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Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioners seek bail in connection with Kharik P.S. Case No. 184 of 2021 registered for the offence under Sections 147, 148, 149, 341, 307, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

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The accused/petitioners are named in the F.I.R. and both are in custody since 11.06.2022.

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The allegation against the petitioners is to abuse informant and his family members, along with other co-accused

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Patna High Court CR. MISC. No.44680 of 2022(2) dt.22-12-2022 2/3

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persons, and on protest all co-accused persons including both petitioners get back to their home and came again with country made pistol and started to fire in air.

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Learned counsel appearing on behalf of the petitioners submitted that even the allegation as raised through FIR, be accepted on its face no case under Section 307 of the I.P.C. is being made out against these petitioners, for the reason that admittedly, the firing was made in air without targeting anyone, negating intention to cause death. It is submitted that petitioners named in this case only for their criminal involvement in four (4) cases, where they are on bail. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 47210 of 2022 vide order dated 23.11.2022. While concluding the argument, it is submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

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Learned APP appearing on behalf of the State opposes the prayer of bail.

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In view of the facts and circumstances, as mentioned above, as allegation of firing against the petitioners appears in

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Patna High Court CR. MISC. No.44680 of 2022(2) dt.22-12-2022 3/3

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air, where both the petitioners are in custody since 11.06.2022 coupled with the fact that chargesheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Kharik P.S. Case No. 184 of 2021 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 Additional Chief Judicial Magistrate-1^st , Naugachia/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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(Chandra Shekhar Jha, J)

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R.S.Sen/-

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U T

Ankajyadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankajyadav v. The State of Bihar

Case brief

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