Ajay Yadav @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28028 of 2023 Arising Out of PS. Case No.-261 Year-2022 Thana- MANPUR District- Nalanda ====================================================== AJAY YADAV @ AJAY KUMAR Son of Bideshi Yadav @ Bindeshwar Yadav Resident of village-Gongaripar, P.S.-Manpur, District-Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudal Singh, Adv.
For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-07-2023 Heard Mr. Rudal Singh, learned counsel appearing on behalf of the petitioner and Md. Fahimuddin, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with G.R. No. 4862 of 2022, arising out of Manpur P.S. Case No. 261 of 2022, dated 16.10.2022, registered under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.
3. The prosecution case, in brief, is that co-accused Karu Yadav had started urinated near the door of informant. The informant asked him not urinate. In the meanwhile, Karu Yadav fired upon informant by Pistol, due to which his two fingers of left hand injured and called his brother Sadhu Yadav
Patna High Court CR. MISC. No.28028 of 2023(2) dt.14-07-2023 2/3 with Rifle. Then Sadhu Yadav and other accused persons came with Rifle and Pistol and started firing upon the family member of informant.
4. Learned counsel appearing on behalf of the petitioner submits that specific allegation of assault against Karu Yadav. The petitioner being one of the member of the group has fired, but no injury has been found on the body of the injured. Medical report reveals that injury has been caused by hard and blunt substance. Petitioner has clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made against the petitioner as well as the fact that injury sustained by the victim has been caused by one Karu Yadav, I am of the opinion that petitioner has made out a case to be released on bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Nalanda, Biharsharif in connection with G.R. No. 4862 of 2022, arising out of Manpur P.S. Case No. 261 of 2022,
Patna High Court CR. MISC. No.28028 of 2023(2) dt.14-07-2023 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force.
(Purnendu Singh, J) pravinkumar/- U