Patna High CourtCR. MISC./7430/2016disposed

Jugwa Yadav @ Jugwa @ Jugesh And ANR v. The State Of Bihar

2016-02-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7430 of 2016 Arising Out of PS.Case No. -92 Year- 2015 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Jugwa Yadav @ Jugwa @ Jugesh Son of Praja Yadav

2. Gaja Yadav son of Pradeep Yadav Both are Resident of VillageBasantpur, P.S.- Lodipur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Nitya Nand Tiwari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the informant being salesman of a licensee composite liquor shop of Sudarshan Kumar Chaudhary was on the shop on 21.08.2015 when the F.I.R named accused persons including the petitioners and 5-6 unknown came and demanded the liquor free of cost. On protest being made the accused persons resorted to fire twice, though it did not cause injury to anyone. On alarm being raised the accused persons escaped from the seen by firing in the air.

It is submitted by learned counsel for the petitioners that accusation is not specific and no injury was

Patna High Court Cr.Misc. No.7430 of 2016 (2) dt.19-02-2016 2/2 caused to anyone. Moreover co-accused Pawan Yadav was directed to be released on bail vide Cr. Misc. No. 49763 of 2015 by a coordinate Bench of this Court on consideration of the fact that no sign of firing was found by the I.O. on the place of occurrence.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the fact that no injury was caused to anyone and petitioners having no criminal antecedent, it is a case for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Lodipur P.S. Case No. 92 of 2015, pending in the Court of learned Chief Judicial Magistrate, Bhagalpur. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T