Ashok Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.55336 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55336 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -PARAIYA District- GAYA ====================================================== Ashok Kumar Yadav, S/O Shital Yadav, resident of Vilallage- Haspura, P.s.- Paraiya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Sri Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Paraiya P.S. Case No. 65 of 2016 registered under Sections 307, 341, 323, 504, 506. 147, 148, 447 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that 14 persons named in the F.I.R. including the petitioner armed with lathi and gun reached at the shop of informant and started to abuse him saying that why the informant did not caste vote in favour of Bilash Manjhi. When the informant made protest then this petitioner shot fire at the informant causing injury at his right ear.

Learned counsel for the petitioner submits that due to enmity between the petitioner and the informant, occurrence took

Patna High Court Cr.Misc. No.55336 of 2016 (2) dt.23-12-2016 place, in which, both sides sustained injury, regarding which, on the basis of written report of Indradeo Yadav, brother of coaccused Arjun Yadav, Paraiya P.S. Case no. 64 of 2016 is instituted against the informant and others. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 six 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 the J.M. Ist Class, Gaya, in connection with Paraiya P.S. Case No. 65 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T