Hitlar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5044 of 2023 Arising Out of PS. Case No.-36 Year-2020 Thana- DHARHARA District- Munger ====================================================== HITLAR YADAV SON OF LATE ASHARFI YADAV R/O VILL.- MIRZACHAKLAGMA, P.S.- DHARAHRA (HAMZAPUR O.P.), DISTT.- MUNGER, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Mishra For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323 and 307 of the IPC and Section 25(1-B)a, 26, 35 and 27 of the Arms Act.

The allegation against the petitioner along with others is of firing upon the informant, due to which he sustained injury. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. He has committed no offence. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in separate occurrence. A counter

Patna High Court CR. MISC. No.5044 of 2023(4) dt.06-07-2023 2/2 case has also been lodged under Section 307 and others Sections of the IPC by the wife of the petitioner. The informant sustained only one gun-shot injury, which is simple in nature and no repeated gun-shot fired by the petitioner. He is languishing in judicial custody since 08.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Dharahra P.S. Case No. 36 of 2020. (Sunil Kumar Panwar, J) arish/- U T