Vijay Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.56397 of 2015 (2) dt.22-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56397 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ====================================================== VIJAY YADAV, SON OF LATE ARVIND YADAV, RESIDENT OF VILLAGE- ASTHAWAN, P.S.- ASTHAWAN, DISTRICT- NALANDA .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Asthawan P.S. Case No. 68 of 2015 registered under Sections 302, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that informant, the Conductor of Bus bearing registration No. BR-21F-3963, proceeded from Biharsharif to Noawan. In the way, three persons boarded in the Bus and sat in back. When the Bus reached near Chamartoli then they told to stop the Bus, when the Bus was stopped, one miscreant dragged the informant from Bus. On protest by informant, they opened fire giving threatening to kill, in which,
Patna High Court Cr.Misc. No.56397 of 2015 (2) dt.22-12-2015 one passenger, namely, Janardan Mistri sustained injury. On protest of the passengers, three persons fled away by making firing, in which, one persons, Promod Sharma @ Thakur, sustained injury, who died in the way of hospital. The informant raised suspicion in respect to hand of the petitioner due to land dispute.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due land dispute. The petitioner is accused in three other cases, as detailed in paragraph 3 of the petition, but all three cases have been lodged by the informant and his family members. It is further submitted that petitioner is in custody since 01.08.2015.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Nalanda at Biharshari, in connection with Asthawan P.S. Case No. 68 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T