Bhorik Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36603 of 2017 Arising Out of PS.Case No. -43 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Bhorik Yadav Son of Late Ramdeo Yadav, R/o Village- Bahapar, P.S.- Karaiparsurai, Dsitrict- Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody in connection with Karaiparsurai P.S. Case No. 43 of 2017 registered for the offence punishable under Sections 341, 504 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as lodged by the informant, is that on his land, petitioner and other accused persons were trying to make illegal construction and on protest, petitioner along with others threatened the informant and the petitioner made a firing in air by his country made pistol.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.36603 of 2017 (2) dt.19-08-2017 2/2 petitioner that he is innocent and has been falsely implicated in the aforesaid offence. He submits that no overt act has been committed by the petitioiner and there was a land dispute between the parties.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Karaiparsurai P.S. Case No. 43 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner and that if, in future, petitioner is found to have indulged in an offence of similar nature, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds.
(Nilu Agrawal, J.) Arjun/- U T