Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4306 of 2020 Arising Out of PS. Case No.-312 Year-2018 Thana- ATRI District- Gaya ====================================================== Dinesh Yadav, Son of Udesh Yadav @ Udeshwar Yadav, Resident of Village - Narawat, P.S.- Atri and Dist. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Atri P.S. Case No. 312 of 2018, registered under Sections 341, 307, 504 and 506 of the Indian Penal Code and Sections 25(1-b)A, 26 and 27 of the Arms Act.

The accusation is that five persons named in the FIR including the petitioner came at the field of informant, Ajay Yadav, and asked to left the field saying that due to irrigating the field they were facing difficulty in carrying the liquor. In the meantime, they started to abuse and assault him. At that time, they snatched gold chain from his neck. When he made protest then they started giving threatening on the point of pistol. On

Patna High Court CR. MISC. No.4306 of 2020(2) dt.23-01-2020 2/2 raising alarm, Lalit Yadav, Lalan Yadav, Niraj Kumar, Pintu Kumar and Baibhav Kumar, who were present near his field, came there then Dinesh Yadav (petitioner) opened fire but the same does not hit to anyone and thereafter, his pistol was snatched.

Learned counsel for the petitioner submits that while the allegation has been made against the petitioner is to open fire but none had sustained injury. Further submission is that while petitioner is accused in six other cases, but in all cases, he is on bail and in the present case, he is in custody since 05.10.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXIII, Gaya, in connection with Atri P.S. Case No. 312 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T