Dipu Yadav vs State of Bihar

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act.

The allegation in the First Information Report is that the petitioner resorted to firing upon the informant.

Learned counsel for the petitioner submits that the allegation against the petitioner is that he resorted to firing, while another accused exploded a bomb causing injury to the informant. The injury report of the informant indicates that there are only two injuries on his person, being in the nature of laceration and abrasion, which have been found to be simple in nature caused by hard and blunt object. It has further transpired during the course of investigation upon inquiry from the villagers, that there was some dispute between the informant and the accused persons and they used to indulged in acts of assault. It is further pointed out that subsequently due to intervention of some well wishers, the parties have also resolved the dispute between them without any threat or coercion and the said compromise has been brought on record by way of Annexure-2.

Learned APP for the State opposed the prayer for anticipatory bail on the ground that the petitioner has criminal antecedent. However, in response it has been submitted that the case is of the year 2019 and he has been granted anticipatory bail by the Court below itself.

Taking into consideration the facts and circumstances and considering the injury report of the informant, further considering the compromise having been arrived between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two 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. 179 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to further condition(s):