Ashok Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35179 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================
1. Ashok Yadav, S/o Shatrudhan Yadav Resident of Porai, P.S.- Harnaut, District- Nalanda.
2. Gautam Kumar S/o Lakhan Yadav, Resident of VillageChintamanchak, P.S. Pandarak, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner/s : Mr. Pramod Kumar, Advocate. For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP-95. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Harnaut P. S. Case No. 118 of 2016 registered under Sections 341, 323, 379, 384, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
Accusation is that the petitioners along with three others came on motorcycle and at that time, petitioner no.1 fired on the temporal region of the informant but the same was missed. Thereafter, Sunil Yadav, Shyam Yadav and Shanto Yadav caught the informant and petitioner no. 2 Gautam Kumar took the pistol from petitioner no. 1 Ashok Yadav and fired upon the informant,
Patna High Court Cr.Misc. No.35179 of 2016 (2) dt.02-09-2016 2/2 but again there was a misfire. And after this, Sheo Lal Yadav and Sunil Yadav took the mobile and money of the informant and fled away.
Learned counsel appearing on behalf of the petitioners submits that the informant and the petitioners are covillagers. This case has been lodged against the petitioners only due to taking water from hand pump. The injuries caused by hard and blunt substance to the informant are simple in nature. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P. S. Case No. 118 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J.) Mishra/- U T