Jamuna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34827 of 2021 Arising Out of PS. Case No.-253 Year-2020 Thana- RAMGARH District- Lakhisarai ====================================================== Jamuna Yadav S/O Brahamdeo Yadav @ Bharmadev Yadav R/o villageFulaiya, P.S.- Ramgarh Chowk, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur Mr.Udbhav For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

21-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Lakhisarai (Ramgarh Chowk) P.S. Case No. 253 of 2020, registered for the offence under Section 307 & other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, petitioner is alleged to have caused gun-shot injury on the left thigh of the informant. It is submitted on behalf of petitioner that there is case and counter case and petitioner has been falsely implicated in this case due to land dispute. By filing supplementary affidavit, the injury report has been brought on record, which reveals that no fire-arm injury has been found, rather one lacerated wound on left thigh has been found, caused by hard and blunt substance (Annexure 4 to the supplementary affidavit). Petitioner is in custody since 14.09.2020.

Patna High Court CR. MISC. No.34827 of 2021(3) dt.21-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 C.J.M., Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 253 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T