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Patna High CourtCR. MISC./3284/2019bail granted

Bhubendra Prasad Yadav @ Bhuwan Yadav @ Bhupendra Yadav @ Bhupend Yadav @ Bhuben Prasad Yadav v. The State Of Bihar

2019-01-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3284 of 2019 Arising Out of PS. Case No.-132 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Bhubendra Prasad Yadav @ Bhuwan Yadav @ Bhupendra Yadav @ Bhupend Yadav @ Bhuben Prasad Yadav Son of Sri Prasad Yadav, Resident of Village - Bahuwarba, P.S. - Phulparas, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate For the State :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2019 Heard both sides.

Petitioner apprehends his arrest in Phulparas P.S. Case No.132 of 2018 registered under Sections 147, 148, 149, 341, 323, 504, 506 and 307 of the Indian Penal Code. The informant alleged that while he was returning after purchasing household articles, the accused persons including the petitioner armed with pistols asked the informant to stop. The accused persons are alleged to have made indiscriminate firing. Sunil Yadav opened fire which hit below the eye of the informant.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Sunil Yadav is alleged to have opened fire causing injury tot he informant.

Patna High Court Cr.Misc. No.3284 of 2019(2) dt.24-01-2019 2/2 Similarly situated co-accused, namely, Shambhu Yadav and Santosh Kumar Yadav have been granted bail.

Having considered the facts that of course the petitioner is named in the FIR but no specific allegation is made against the petitioner and the informant got one firearm injury which is attributed to Sunil Yadav, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 A.C.J.M.-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No.132 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T