Satyendra Yadab @ Sakindar Yadab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28481 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== SATYENDRA YADAB @ SAKINDAR YADAB S/o- Sri Arjun Yadab R/OVill- Kumharua, P.S. - Rajauli, Dist.- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Sinha, Adv.

Mr. Surendra Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner, Mr. Ajay Kumar Sinha, learned counsel appearing for the informant and Mr. Surendra Prasad Singh, learned counsel for the State.

Petitioner seeks regular bail in connection with Rajauli P.S. Case No. 08 of 2020 registered for the offence under Section 147, 148, 149, 341, 323, 307, 504, 379, 427 of the I.P.C. and Section 27 of the Arms Act.

The allegation as per the First Information Report is that the petitioner along with two co-accused persons fired upon the informant but the firing made by the petitioner and others hit the brother and niece of the informant. Learned counsel for the petitioner submits that both

Patna High Court CR. MISC. No.28481 of 2021(3) dt.06-12-2021 2/3 the parties are agnates and co-villager and there is land dispute between them. He next submits that from perusal of the case diary at paragraph no. 7 it would be evident that injury caused to brother of the informant - Kishori Yadav is simple in nature caused by fire arm and the injury caused to the niece of the informant near her forehead is by hard and blunt substance whereas the allegation in the First Information Report is that the niece of the informant was hit by the bullet fired by the petitioner. He next submits that petitioner is in custody since 23-12-2020.

On the other hand, learned counsel for the informant submits that there is allegation of firing upon the petitioner and others and two persons have received injury. Accordingly, they are not entitled to be released on bail.

Regard being had to the submissions made by the parties and taking into consideration the fact that both the parties are agnates and co-villager, there is land dispute between them and injury caused to the brother of the informant is simple in nature and the injury caused to the niece of the informant is by hard and blunt substance whereas allegation is of firing upon the petitioner and the petitioner is in custody since 23/12/2020, I am inclined to grant regular bail to the

Patna High Court CR. MISC. No.28481 of 2021(3) dt.06-12-2021 3/3 petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada / court concerned in connection with Rajaoli P.S. Case No. 08 of 2020.

(Anil Kumar Sinha, J) praful/- U T