Patna High CourtCR. MISC./64773/2018bail granted

Raj Kumar Yadav v. The State Of Bihar

2018-10-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64773 of 2018 Arising Out of PS.Case No. -430 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Raj Kumar Yadav, Son of Late Awadhi Yadav, Resident of VillageBaraita, Police Station- Gogri, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Gogri P.S. Case No. 430 of 2017, registered for offences punishable under Sections 307, 326/34 of Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner as per F.I.R. is that on the order of the petitioner, other accused Neeraj Yadav has fired, causing injury.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and from perusal of the F.I.R. it appears that informant is not the eye witness to the commission of the alleged occurrence and the

Patna High Court Cr.Misc. No.64773 of 2018 (2) dt.29-10-2018 2/2 petitioner is in custody since 18.07.2018. It is further submitted that similarly situated co-accused has been granted bail vide order dated 20.09.2018 passed in Cr. Misc. No. 54218 of 2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 430 of 2017, subject to the 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.

(Vinod Kumar Sinha, J) Sudha/- U T