Satya Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3588 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -BAHERA District- DARBHANGA ====================================================== Satya Narayan Yadav Son of late Sifait Yadav, Resident of Village-Police Station-Bahera, District-Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.10.2017 in connection with Bahera P.S. Case No. 191 of 2017 for offences punishable under Sections 341, 324, 326, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as lodged by the informant, is that while he was returning on his motorcycle along with his wife Arti Devi, the petitioner along with five other named accused persons and three others not named in the F.I.R. started indiscriminate firing. Specific allegation upon the co-accused Mahesh Yadav is of firing which hit on the informant's thigh and

Patna High Court Cr.Misc. No.3588 of 2018 (3) dt.17-02-2018 2/3 the petitioner whose firing hit the informant's left arm. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the wife of the informant had earlier filed a case against the informant under Section 498A of the Indian Penal Code which is the basis of this false allegation levelled against the petitioner. He submits that the injury is not on the vital part of the body and the charges have already been framed.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur (Darbhanga), in connection with Bahera P.S. Case No. 191 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

Patna High Court Cr.Misc. No.3588 of 2018 (3) dt.17-02-2018 3/3

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T