Ram Kumar Yadav @ Pintu Yadav @ Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16150 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -SONBERSA District- SAHARSA ====================================================== Ram Kumar Yadav @ Pintu Yadav @ Ram Kumar Son of Late Bhupendra Yadav resident of Village - Rakhautta, Police Station - Sonbarsa, District - Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Satya Nand Shukla, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-04-2017 Heard both sides.

The petitioner apprehends his arrest in Sonbarsa P. S. Case No. 161 of 2016 registered for the offences under Section 307 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

Anoj Kumar Yadav the informant named 14 persons including the petitioner. The informant alleged that while a meeting was going on, Krishna Kumar Yadav, Ram Kumar Yadav (the petitioner) and others having armed with weapons came there and snatched registers containing resolutions of the meeting. The informant again snatched the register from the

Patna High Court Cr.Misc. No.16150 of 2017 (2) dt.20-04-2017 2/3 petitioner and on such Krishna Kumar Yadav and the petitioner are alleged to have fired in which the informant claimed to be badly injured.

Learned counsel for the petitioner submits that there is a counter version bearing Sonbarsa P.S. Case No. 162 of 2016. The informant claimed that he was badly injured in indiscriminate firing by Krishna Kumar Yadav and the petitioner. From injury report at Annexure-2, it would appear that the informant Anuj Kumar Yadav got lacerated would in chin measuring 21⁄2"x 1⁄2" caused by hard and blunt substance. The injuries were found to be simple in nature. From the injury report the assertion of the informant that he got many fire arm injuries and he was badly injured is falsified.

Considering the facts aforesaid and there is case and counter case and the informant did not receive any fire arm injury and only one lacerated would was found which is simple in nature, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in

Patna High Court Cr.Misc. No.16150 of 2017 (2) dt.20-04-2017 3/3 Sonbarsa P. S. Case No. 161 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T