Patna High CourtCR. MISC./43807/2017bail granted

Umesh Yadav v. The State Of Bihar

2017-09-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43807 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Umesh Yadav Son of Chandra Vijay Yadav, R/o Village- Khopaiti, P.S.- Madhepura, District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raja Surendra Mohan, Advocate For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard both sides.

Petitioner apprehends his arrest in Madhepura P.S. Case No.233 of 2016 under Section 307 and other Sections of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that the informant alleged that the petitioner fired for causing panic but the petitioner is not alleged to have assaulted Deep Narayan Yadav, the uncle of the informant. Deep Narayan Yadav got three injuries which has been annexed in the supplementary affidavit as Annexure-2 and all the three injuries are simple in nature. The supervising authority found the case true only under Sections 147, 341, 323, 324, 325 and 504 of the I.P.C. as it appears from perusal of the order of the learned Sessions Judge and the allegation of

Patna High Court Cr.Misc. No.43807 of 2017 (2) dt.21-09-2017 2/2 firing is not found true.

Considering the facts aforesaid, petitioner above named, in the event of his arrest or surrender before the court below within four weeks from today, is directed to 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 Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No.233 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J) N.H./- U T