Upendra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.36194 of 2016 (3) dt.26-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36194 of 2016 Arising Out of PS.Case No. -175 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Upendra Yadav son of Kameshwar Yadav, resident of VillageChandaura Tola Mohan Bigha, Police Station- Kako in the districtJehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2016 A supplementary affidavit has been filed on behalf of the petitioner. In light of the supplementary affidavit, the petitioner is permitted to make correction in paragraph 3 of the main petition.

Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 307 of the I.P.C. and Section 27 of the Arms Act.

Allegation is that the accused persons including the petitioner made indiscriminate firing on the informant, as a result of which he received fire arm injuries on head, leg and chest. The accused persons also made firing on his brother-in-law with an

Patna High Court Cr.Misc. No.36194 of 2016 (3) dt.26-10-2016 intention to kill him.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.7.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Altogether 14 persons are named in the F.I.R. including the petitioner. General and omnibus allegation has been made in respect to firing upon the informant. The nature of injury is said to be simple. It is a case and counter case between the parties. There is land dispute also between the parties.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released 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 Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. case No.175 of 2015.

(Sudhir Singh, J) Narendra/- U T