FUCHO YADAV @ FUCHCHO YASDAV v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307, 323, 341, 385, 386
- Arms Act, 1959 s. 27
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : Mr. Brij Nandad Prasad, Advocate For the Petitioner/s : For the Opposite Party/s : Mr. Umeshanand Pandit, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 27-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 307, 385, 386/34 of the Indian Penal Code and Section 27 of Arms Act. On the alleged date and time of occurrence, the informant was standing in front of his house, then six miscreants riding of three motorcycles came and one of the co-accused persons assaulted and abused him for non-fulfillment of Rs. 50,000/- as Rangadari demanded by him on 17.11.2019. On hulla, the villagers came there and nabbed one of the miscreants named Ranjan choudhary while other succeeded to flee away and one of them fired gun-shot on the informant. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village Patna High Court CR. MISC. No.10618 of 2023(2) dt.27-04-2023 politics. The name of the petitioner surfaced only on the confessional statement of the co-accused Ranjan Choudhary. Nothing has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent. Learned counsel for the State opposes the bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 Chief Judicial Magistrate, Banka in connection with Amarpur P.S. case no 591 of 2019 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. Kaushik/- U T (Prabhat Kumar Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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