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Patna High CourtCR. MISC./20363/2015bail granted

Santosh Yadav v. The State Of Bihar

2015-06-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20363 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Santosh Yadav S/o Badri Singh, Resident of Village - Narbatpur, P.S. - Buxar (M), District - Buxar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bachan Jee Ojha, Advocate For the Opposite Party: Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Buxar (M) P.S. Case No.56 of 2015 for the offences punishable under Sections 147, 148, 149 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that on 05.03.2015 at 8.30 P.M., all the accused persons including the petitioner were assaulting the brother of the informant, namely, Ravindra Choudhary and Dharmendra Choudhary by lathi, Danda and butt of the country made pistol. On raising alarm, the informant went there and when he asked about the aforesaid act, petitioner opened fire upon him and he sustained bullet injury on his chest and fell down in injured condition.

Patna High Court Cr.Misc. No.20363 of 2015 (2) dt.11-06-2015 2/2 It has been submitted on behalf of the petitioner that the alleged occurrence is said to have taken place due to land dispute between the parties. Further it has been submitted that both the parties are co-villagers and subsequently, with the intervention of the well-wishers, compromise has also been arrived between the parties which is evident from Annexure-3 series to the supplementary affidavit.

On behalf of the State, it has been submitted that the petitioner is named in the first information report but it has been admitted that there is a compromise between the parties. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No.56 of 2015.

(Sudhir Singh, J) B.T/- U T