Hemlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7044 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== HEMLAL YADAV S/o Raja Ram Yadav R/o Village- Bibhwan, P.S.- Jagdishpur, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Ms/Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/379/506/34 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

Prosecution case is that the petitioner caused fire arms injury in the leg of the informant.

Learned counsel for the petitioner submits that no such occurrence as narrated in the FIR took place. Parties are gotia and there was no enmity between them, as such, the allegation of firing appears to be improbable. He submits that as a matter of fact, informant quarreled with his wife and on spur of moment he tried to commit suicide by fire arms but fortunately petitioner and other accused persons reached there and took him to the hospital and due to that, this case was

Patna High Court CR. MISC. No.7044 of 2023(2) dt.17-04-2023 2/2 lodged after delay of two months after thought. Petitioner has got no criminal antecedent. Similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 6720/2023.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 Additional Chief Judicial Magistrate I, Bhojpur at Ara in Jagdishpur Police Station Case No. 249 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T