Sakindra Yadav @ Sakindra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61594 of 2017 Arising Out of PS. Case No.-84 Year-2017 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Sakindra Yadav @ Sakindra Prasad, S/o Jagdeo Yadav, R/o VillagePuranadih, P.S.- Muffasil, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Arun, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 452, 307,504 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that while the informant, Guddu Kumar Yadav was at his roof of the house on 08.07.2017, all the accused persons came variously armed and started abusing the informant. It is alleged against the petitioner that he fired on the informant which hit on his chest and hand. Co-accused, Kuldeep Yadav, Birendra Yadav, Dinesh also fired on Mithilesh Yadav which caused injury on his chest, stomach and arms. On hearing the sound, Kamlesh Yadav, came out of the house when co-

Patna High Court Cr.Misc. No.61594 of 2017(2) dt.20-12-2017 2/2 accused, Sonu Yadav and Sanjay Yadav resorted to firing, which hit on the leg and shoulder of Kamlesh Yadav. Co-accused Boudhu Yadav, fired with gun upon Kiran Devi, which hit on her right arm. On alarm being raised, when the villagers came, the accused persons escaped from the scene.

It is submitted by learned counsel for the petitioner that in the background of dispute with regard to filling the well with soil and garbage, the accusation has been levelled. The nature of injury is superficial simple.

Considering the fact that garbage from the well has been removed, moreover, injury has been found to be simple in nature, though it has been caused by fire arm, it may be a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned Court below within a period of six weeks in connection with Nawada Muffasil P.S. Case No.84 of 2017, pending before the learned CJM, Nawada. (Dinesh Kumar Singh, J) Ashwini/- U T