Saroj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53366 of 2017 Arising Out of PS.Case No. -196 Year- 2017 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Saroj Yadav Son of Ratanlal Yadav Resident of village- Chand Pipar, P.S.- Kishanpur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kishanpur P.S.Case No.196 of 2017 registered for offences punishable under Sections 147, 148, 149, 323, 325, 307, 379, 447, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner as per FIR is that several persons variously with arms came at the place of occurrence and assaulted with arms. Allegation the petitioner is that he fired but it did not hit anybody.

Submission of the learned counsel for the petitioner is that the FIR itself shows the firing has not hit anybody and other allegation is general in nature. He is in custody for about 2 1⁄2

Patna High Court Cr.Misc. No.53366 of 2017 (3) dt.16-11-2017 2/2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul in connection with Kishanpur P.S.Case No.196 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T