Gajendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20018 of 2015 Arising Out of PS.Case No. -581 Year- 2014 Thana -SUPAUL District- SUPAUL ====================================================== Gajendra Yadav S/o Rameshwar Yadav Resident of Village Amha, Ward No. 5, P.S. Supaul (LokahaO.P.), District Supaul. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bidhan Chandra Jha, Advocate. For the Opposite Party : Mr. Rajendra Singh Shastrijee (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.
In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 147, 148, 149, 323 and 307 of the I.P.C and section 27 of the Arms Act.
Allegedly, when the informant with his labourers were harvesting the paddy crops on the disputed land for which judgment was in his favour, 9-10 persons after opening fire came and the petitioner opened fire which hit left leg and the informant fell down and further co-accused Shambhu Yadav also opened fire
Patna High Court Cr.Misc. No.20018 of 2015 (4) dt.23-07-2015 2/3 resulting the labourers fled away. The informant identified other co-accused also involving in the crime.
Submission is of false implication and that against the informant proceeding under section 188 I.P.C. has been initiated. The injury found on the person of the informant is caused by hard and blunt substance. No fire arm injury has been found on the person of the informant. The petitioner is Manager of Amha PACCS. There is complaint case also against the informant and others. The land has been purchased by the petitioner but the informant was aggressor and went over the disputed land. The injury report has been annexed as Annexure- 3 series to the bail petition.
The learned A.P.P. after going through the injury report fairly submits that no fire arm injury has been found on the person of the informant.
In the facts and circumstances as stated above, considering the land dispute between the parties and as no fire arm injury has been found on the person of the informant and as such the petitioner in case of his arrest or surrender within one month from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.20018 of 2015 (4) dt.23-07-2015 3/3 satisfaction of. C.J.M. Supaul in Supaul (Lokaha O.P.) P.S. Case No. 581 of 2014, G.R. No. 2249 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T