Bharat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51080 of 2017 Arising Out of PS.Case No. -426 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Bharat Yadav, Son of Late Shiv Mandir Yadav, Resident of Village-Jamira, P.S.-Muffassil, District-Bhojpur at Ara (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 01-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ara Nagar P.S. Case No.426 of 2017/G.R. No.3184 of 2017 registered under Sections 326 and 307/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that on 14.08.2017, in the evening, at about 07.30 P.M., the informant was purchasing the fruit at Dharhara Bridge. At that time, all of sudden, Binod Yadav, Ravi Singh, Chhotu Yadav and this petitioner boarding on two motorcycles came there. Thereafter, Ravi Singh and this petitioner opened fire at the informant with an intention to kill him. The firing made by Ravi Singh hit the left side of stomach of the informant. Thereafter, all fled away boarding on

Patna High Court Cr.Misc. No.51080 of 2017 (2) dt.01-11-2017 2/2 motorcycles.

Learned counsel appearing on behalf of the petitioner submits that while the allegation has been made against this petitioner and Ravi Singh to open fire at the informant but the firing made by Ravi Singh hit the left side of stomach of the informant. In fact, the informant of the present case is accused in Ara Town P.S. Case No.429 of 2014 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act for the murder of the cousin brother of the petitioner and the informant used to put pressure upon the petitioner to compromise in that case but the petitioner was not ready, due to that reason, the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nagar P.S. Case No.426 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T