Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39157 of 2013 ====================================================== Kamlesh Yadav .... .... Petitioner.

Versus

The State Of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. A.P. Singh, Advocate. For the Opposite Party : Mr. A. Mohan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-12-2013 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 307, 427/34 of the Indian Penal Code and 27 of the Arms Act.

The accusation is of resorting to firing in a hotel for non-payment of bill of food as a result T.V. and Freeze were damaged.

It is submitted that since the accusation is not of firing on any person including the informant hence no case under Section 307 of the I.P.C. is made out and subsequently the informant has retracted from his initial version and filed a petition to that effect before the learned court below. A statement has been made in paragraph no. 3 of the petition that the petitioner has no criminal

Patna High Court Cr.Misc. No.39157 of 2013 (2) dt.24-12-2013 2 / 2 antecedent.

Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Pirpainti P.S. Case No. 164 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J)