Shankar Yadav @ Sri Yadav @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12375 of 2019 Arising Out of PS. Case No.-106 Year-2018 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Shankar Yadav @ Sri Yadav @ Shankar Kumar Son of Late Sohan Yadav Resident of Village - Harli Khurd, P.S.- Bodh Gaya, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP For the Informant :

Mr. Ram Pravesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/ 341 /323 / 307/120B of the Indian Penal Code and Section 27 of the Arms Act.

For land dispute the petitioner allegedly caused injury to the informant.

Submission is that petitioner is in custody since 07.01.2019. The doctor has not found injury consistent with the prosecution allegation; rather on initial examination the injury was found to be caused by some blast and in the

Patna High Court CR. MISC. No.12375 of 2019(3) dt.08-05-2019 2/2 subsequent examination injury was noticed as simple scratch but the opinion of the doctor was that the injury was caused by fire-arm.

Considering the nature of allegation and criminal antecedent of the petitioner, let the petitioner, above named, be released on bail after completion of one year of custody if the trial is not concluded in the meantime on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Magadh University P.S. Case No.106 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T