Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23947 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- BITHAN BAZAR District- Samastipur ====================================================== SANJAY YADAV S/O Deo Narayan Yadav Resident of Village - Pusaho, Police Station - Bithan, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s :

Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2020 Heard Mr. Abhimanyu Sharma, learned counsel for the petitioner and Md. Fahimuddin, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Bithan P.S. Case No. 85 of 2019 registered for the offences punishable under Sections 447, 307, 506/34 of the Indian Penal Code 1860 and Section 27 of the Arms Act. The allegation as per the First Information Report is that the petitioner along with other accused persons entered into the house of the informant and fired upon his family members, however, the firing made by the petitioner hit the husband of the informant on his waist.

Patna High Court CR. MISC. No.23947 of 2020(4) dt.11-11-2020 2/3 Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to land dispute between the parties. Learned counsel further submits that the parties are on litigating terms inasmuch Title Suit bearing No. 193 of 2014 is pending between the parties. Learned counsel referring to the injury report of the victim submits that injury caused to the victim on his thigh has been found to be simple in nature. Learned counsel also submits that petitioner is in custody since 29.04.2020. Having heard learned counsel for the parties and taking into consideration the materials on record, the fact that both parties are agnates and there is land dispute between them as well as injury caused to the victim is simple in nature, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rosera at Samastipur, in connection

Patna High Court CR. MISC. No.23947 of 2020(4) dt.11-11-2020 3/3 with Bithan P.S. Case No. 85 of 2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T