Chunarik Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31421 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- CHANDRADIP District- Jamui ====================================================== CHUNARIK YADAV Son of Late Amrit Yadav Resident of Village - Islamnagar, P.S.- Chandardeep, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Pd. Singh, Adv.
Mr. Suresh Singh, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard Mr. Arvind Prasad Singh, learned counsel for the petitioner and Mr. Nand Kumar, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Chandradeep PS Case No. 113/2020 registered for the offence punishable under Sections 341, 307, 34 of the IPC and Section 27 of the Arms Act.
As per First Information Report, the informant was, allegedly, surrounded by the petitioner and other accused persons armed with lethal weapons and the co-accused persons, namely, Bablu Yadav and Binod Yadav fired upon the informant due to which, he received bullet injuries and the petitioner along with one another accused person, namely, Susmari Yadav started
Patna High Court CR. MISC. No.31421 of 2021(2) dt.10-12-2021 2/3 dragging the petitioner but the family members and other villagers, upon hearing the sound of firing, assembled at the place of occurrence, due to which, all the accused persons fled away.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous dispute between the petitioner and informant which would be evident from Annexure-2, which is an FIR lodged by the family members of the petitioner against the informant and others. Learned counsel further submits that from perusal of the FIR, it would be evident that the allegation of firing is not upon the petitioner rather upon other co-accused persons, namely, Bablu Yadav and Binod Yadav. He next submits that the petitioner is in custody since 25.01.2021 having no criminal antecedents. Learned counsel further submits that the chargesheet, in the matter, has already been submitted. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 25.01.2021 having no criminal antecedents, the charge-sheet in the matter has already been submitted and there is no direct allegation of firing upon the petitioner rather it is upon the co-accused persons, I am
Patna High Court CR. MISC. No.31421 of 2021(2) dt.10-12-2021 3/3 inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, CHUNARIK YADAV 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 Additional Chief Judicial Magistrate, 1st Jamui in connection with Chandradeep PS Case No. 113/2020. (Anil Kumar Sinha, J) perwez U T