Bijo Yadav @ Bijendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39487 of 2016 Arising Out of PS.Case No. -211 Year- 2015 Thana -MANSI District- KHAGARIA ====================================================== Bijo Yadav @ Bijendra Yadav Son of Late Chitman Yadav Resident of village - Bangaliya, Police Station- Mansi, District - Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both sides.
The petitioner apprehends his arrest in Mansi P.S. Case No. 211/2015, registered for the offences punishable under Sections 307, 341, 427, 435 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
The informant alleged that Pappu Yadav, petitioner and one unknown person came while he was harvesting his crops and they made firing and also set ablaze his crops and motorcycle. It is submitted that the informant made omnibus and general allegation of firing. No other witnesses have supported this fact. Even the Investigating Officer did not find any empty cartridge on the place of occurrence. Witnesses have stated that Pappu Yadav set ablaze the motorcycle and crops of the informant
Patna High Court Cr.Misc. No.39487 of 2016 (3) dt.08-11-2016 2/2 as he was cultivating the crops of the informant on Batai, but did not pay the amount of the crops that is why the informant was harvesting the crops.
Learned A.P.P. also did not dispute the fact. Considering the facts aforesaid, the petitioner abovenamed, 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, is directed to be enlarged 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, Khagaria in connection with Mansi P.S. Case No. 211/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T