Roshan Hazari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37753 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================

1. Roshan Hazari, Son of Thano Hazri,

2. Ashish Kumar Son of Upendra Yadav, Both r/o Village- Dhamdaha South, P.S.- Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Dhamdaha P.S. Case No. 114 of 2017, registered for the offence punishable under Sections 307/ 34 of the Indian Penal Code. The case of the prosecution, in brief, is that on 24.5.2017 at about 8.30 P.M. informant reached to the Darwaza of one Shyam chandra Yadav to attend "Chhatti" party. After some time, co-villager Deepak Hajari, Ashish Kumar and two unknown boys came and these petitioners gave pistol to co-accused Deepak Hajari and Deepak Hajari pointed pistol on the forehead of the informant and started pressing trigger, whereafter, the informant pushed his hand resulting in firing in the air. Thereafter, Deepak Hajri again fired another bullet which hit in the right leg of the informant and thereafter, accused persons fled away. The reason behind the alleged occurrence is land dispute between the father-

Patna High Court Cr.Misc. No.37753 of 2017 (2) dt.10-08-2017 2/2 in-law of Deepak Hajari and him, as father-in-law of informant is his neighbour.

The learned counsel for the petitioner submits that the main accused is Deepak Hajari and the petitioners do not have any role in the occurrence. It is further submitted that the petitioners have got no criminal antecedent. It is further submitted that the petitioners are in jail custody since 26.05.2017. Having regard to the facts and circumstances of the case, I find that it would be expedient, in the interest of justice to enlarge the petitioners on regular bail after undergoing imprisonment of six month at least.

Accordingly, it is directed that the learned trial court shall enlarge the petitioners on regular bail immediately after completion of six months from 26.05.2017 on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Dhamdaha P.S. Case No. 114 of 2017, on such other terms and conditions as the learned trial court may deem it fit and appropriate.

With the aforesaid observations, this application is disposed of.

(Mohit Kumar Shah, J) BTiwary/- U T