← Library
Patna High CourtCR. MISC./3087/2019bail granted

Vijay Yadav v. The State Of Bihar

2019-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3087 of 2019 Arising Out of PS. Case No.-203 Year-2017 Thana- BIHIA District- Bhojpur ====================================================== Vijay Yadav S/o Late Ramawtar Yadav, Resident of Village- Maniara, P.S.- Tiyar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

At the outset, the learned counsel for the petitioner seeks to make correction in paragraph no. 10 of the bail petition. Permission is granted.

Let the correction be made during the course of the day.

The petitioner seeks regular bail in connection with Bihiya P.S. Case No. 203 of 2017 registered for the offence punishable under Sections 341, 324, 323, 307 and 302/34 of the Indian Penal Code.

The allegation in brief is that on account of land dispute, the accused persons had assaulted the informant as also his son resulting in death of son of the informant.

Patna High Court Cr.Misc. No.3087 of 2019(2) dt.23-01-2019 2/2 The learned counsel for the petitioner, referring to the FIR, has submitted that the only allegation against the petitioner is regarding him having pointed country made pistol on the head of Santosh. It is stated that the death of Hareram Singh has taken place in the present case and there is no allegation of any overt act as against the petitioner regarding him having assaulted the said deceased Hareram Singh. It is submitted that the petitioner has a clean antecedent and he is in custody since 12.11.2018. Lastly, it is submitted that similarly situated co-accused person has already been granted regular bail by a coordinate Bench of this Court by an order dated 13.07.2018 passed in Criminal Misc. No. 42343 of 2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Bhojpur at Ara in connection with Bihiya P.S. Case No. 203 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T