Brij Bihari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21302 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- RANIYATALAB District- Patna ====================================================== BRIJ BIHARI YADAV SON OF LATE PATHA YADAV R/O VILLAGEJITAN CHHAPRA, P.S.- RANI TALAB, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Senior Advocate Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Rani Talab P.S. Case No. 79 of 2021 registered for the offence under Sections 504, 447, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.12.2021.
The allegation against the petitioner is to cause firearm injury along with other co-accused persons, upon informant, with intention to cause death.
Patna High Court CR. MISC. No.21302 of 2022(2) dt.12-09-2022 2/3 Learned senior counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case, due to local disputes and differences, which has been subsequently compromised. It is further pointed out that admittedly, the first fire was made in air, having no intention to cause death. It is also submitted that the nature of injury is also not of such a nature, which may suggest that petitioner was under intention to cause death. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, submitted that specific allegation of firing is against this petitioner.
Considering the facts and circumstances as mentioned above and also considering the custody period coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rani Talab P.S. Case No. 79 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.21302 of 2022(2) dt.12-09-2022 3/3 learned A.C.J.M.-2nd Danapur/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T