Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9 of 2020 Arising Out of PS. Case No.-342 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== Pawan Yadav Son of Dayanand Yadav Resident of Village- Khaira Chanda, P.S.- Narpatganj, Distt- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 28.09.2019 in a case registered for the offences punishable under Sections 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per the written report of Satendra Kumar submitted to the Station House Officer, Narpatganj P.S. is to the effect that in the background of land dispute on 15.06.2019, four accused persons namely, co-accused Dayanand Yadav, the petitioner, Pawan Yadav, co-accused Manohar Yadav and co-accused Manoj Yadav came variously armed. It is alleged that the petitioner was armed with Farsa, whereas Manohar Yadav was armed with pistol and Manoj Yadav causing an axe and petitioner made indiscriminate firing

Patna High Court CR. MISC. No.9 of 2020(3) dt.19-03-2020 2/2 causing injury on the right leg of the informant. It is also alleged that the accused persons made attempt on the life of the nephew of the informant.

It is submitted by learned counsel for the petitioner that as per the FIR, admittedly, in the background land dispute, the accusation has been levelled against the petitioner and the injury has been found simple in nature. The petitioner is accused in one other case registered under Sections 341, 323, 324, 379 and 504/34 of the Indian Penal Code apart from the present case in which he is on bail.

Learned APP after going through the case diary submits that the injury has been found simple in nature. Considering the genesis of occurrence, nature of injury being caused and the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 342 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T