Biko Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15722 of 2019 Arising Out of PS. Case No.-866 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Biko Yadav Son of Gajo Yadav Resident of Village- Barkhandi Tola, P.S.- Muffasil, Khagaria, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Kashyap For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks regular bail in connection with Khagaria (Muffasil) PS case no. 866 of 2017 registered for the offence punishable under Section 307 and other sections of Indian Penal Code and 27 of Arms Act.
The case of the prosecution is that on 04.12.2017 at 4 pm, the informant was irrigating his agriculture field along with his co-villagers Girish Yadav, Devendra Yadav, in the meantime, eight accused persons came variously armed with rifle and gun and started abusing him and demanded extortion of Rs. 50,000/-. It is alleged that on the order of co-accused Dewan Yadav, co-accused Atma Ram fired causing injury on the back of the informant.
Patna High Court CR. MISC. No.15722 of 2019(2) dt.26-03-2019 2/2 The learned counsel for the petitioner submits that the accusation of firing is not alleged against the petitioner herein and in the background of some dispute from before, the accusation has been levelled. It is further submitted that co-accused Dewan Yadav has been granted regular bail by a co-ordinate Bench of this Court vide order dated 30.01.2019 passed in Cr. Misc. no. 5056 of 2019. Though, the petitioner is accused in one other case but he is on bail in the said case. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Mufassil) PS case no. 866 of 2017.
(Mohit Kumar Shah, J) rinkee/- U T