Dharmendra Yadav @ Dheamendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16391 of 2020 Arising Out of PS. Case No.-92 Year-2019 Thana- YADOPUR District- Gopalganj ====================================================== DHARMENDRA YADAV @ Dheamendra Yadav Son of Vidya Yadav Resident of Village - Nawada, P.S.- Yadopur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Yadopur P.S. case No. 92/2019 registered u/s 341, 323, 307, 504, 506/34 of the IPC and u/s 27 of Arms Act.

The informant alleged that he is tractor driver. He used to carry bricks from purchasing the brick kiln. Dharmveer Choudhary and Basishtha Yadav accompany him to brick kiln. The owner of brick kiln stopped the tractor on the allegation that bricks were stolen. On such, there was some altercation and on the order of Dharmveer Choudhary, Dharmendra Yadav, the petitioner, is alleged to have fired which hit on the right forearm below the shoulder of the informant.

Patna High Court CR. MISC. No.16391 of 2020(3) dt.26-08-2020 2/2 The learned counsel for the petitioner submits that the informant has not identified the petitioner. He disclosed the name of the petitioner on the basis of disclosure made by the people of the vicinity. The informant got one fire arm injury on his right forearm just below the shoulder. Now the case has been compromised. The petitioner is in custody since 17.01.2020. The petitioner has already remained in jail for more than seven months and he has got no criminal antecedent. There is no allegation of repetition of firing.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner has already remained in jail for more than seven months, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Devendra Prasad, learned Judicial Magistrate, 1st class, Gopalganj in connection with Yadopur P.S. case No.92/2019. (Prabhat Kumar Jha, J) BKS/- U T