Ganesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.35893 of 2017 (2) dt.18-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35893 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -RANIYATALAB District- PATNA ====================================================== Ganesh Yadav, son of Rajnath Yadav, resident of Village- Mahendra Nagar, P.S.- Rani Talab, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Rani Talab P.S. Case No. 09 of 2017 for allegedly having committed the offence under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submitted that there is an allegation that the petitioner fired shot hitting below the ankle and there was previous dispute between the family members of the informant and the present petitioner.

Considering the fact that the injury having been inflicted below the ankle, and the submission of the petitioner that there was no intention to kill and that the provision of section 307 of

Patna High Court Cr.Misc. No.35893 of 2017 (2) dt.18-08-2017 Indian Penal Code is not attracted, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Judicial Magistrate 1st Class, Danapur, Patna, in connection with Rani Talab P.S. Case No. 09 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) veena/- U T