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Patna High CourtCR. MISC./23887/2019bail granted

Ranjan Yadav v. The State Of Bihar

2019-07-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23887 of 2019 Arising Out of PS. Case No.-213 Year-2018 Thana- BUXAR District- Buxar ====================================================== RANJAN YADAV Son of Bajrangi Yadav Resident of Village- Noniyapur, P.S.- Buxar (M), District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ashwini Kumar Rai For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (Town) P.S. Case No. 213 of 2018, registered for the offences punishable under Sections 393, 307, 326/34 of the Indian Penal Code read with Section 27 of the Arms Act. Three unknown motorcycle borne criminals are said to have demanded money from the informant and one of them resorted firing below the knee of his left leg. On arrival of the locals, they made good their escape. During the course of investigation, co-accused Banti Yadav was apprehended and in his confessional statement he has named the petitioner as assailant in the occurrence.

Patna High Court CR. MISC. No.23887 of 2019(3) dt.17-07-2019 2/2 It is submitted by the learned counsel for the petitioner that no such occurrence as alleged ever took place. He has no concern with the aforesaid occurrence. Petitioner is not named in the F.I.R. There is nothing on record to indicate the complicity of the petitioner in the occurrence barring the confessional statement of co-accused Banti Yadav which has no evidentiary value in the eye of law. There is no eye witness of the occurrence. Injury sustained by the informant is simple in nature.

Learned A.P.P. for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Buxar (Town) P.S. Case No. 213 of 2018, subject to condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T