Bibek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23390 of 2019 Arising Out of PS. Case No.-4 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== BIBEK YADAV Son of Binod Yadav Resident of Village- kabiyahi, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-08-2019 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 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons, variously armed, shot fire upon the son of the informant due to which he received gun shot injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.1.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case due to previous enmity. There is no substantive evidence to

Patna High Court CR. MISC. No.23390 of 2019(7) dt.22-08-2019 2/2 suggest his implication in the present case. It is further submitted that the petitioner may be released after completion of one year in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is alleged to have fired upon the victim.

Considering the aforesaid facts and circumstances, on completion of one year in custody, it is directed that 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 learned Chief Judicial Magistrate, Madhepura in connection with Singheshwar P.S. Case No. 04/2019.

(Sudhir Singh, J) Pankaj/- U T