Sudhir Yadav @ Suiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22454 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== SUDHIR YADAV @ SUIYA S/o Late Ramswarup Yadav Resident of VillageChamman Tola Rahimpur, P.S.-Muffasil, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 307 of I.P.C. and 27 of the Arms Act.

Prosecution case, in short, is that on 24.01.2020 at 5 p.m. the cousin brother of the informant, namely, Neeraj Kumar

Patna High Court CR. MISC. No.22454 of 2020(2) dt.14-09-2020 2/2 was playing in front of his house. Suddenly the petitioner came and fired on the cousin brother of the informant, which hit in his waist and due to which he fell down on the earth. He was taken to the Hospital for treatment.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.01.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that it was an accidental fire. The nature of injury is said to be simple. There was no intention to commit murder.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar V, Judicial Magistrate, 1st class, Khagaria in connection with Khagaria (Muffasil) P.S. case No.65 of 2020.

Narendra/- (Sudhir Singh, J) U T