Shobhi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45361 of 2019 Arising Out of PS. Case No.-103 Year-2018 Thana- BHEJA District- Madhubani ====================================================== SHOBHI YADAV Son of Shyam Yadav Resident of Village- Bakuwa, P.S.- Bheja, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bheja P.S.Case No.102 of 2018 dated 15.10.2018 corresponding to G.R.No.1366 of 2018 registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307,354(A), 379, 447 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR petitioner is said to have fired on the informant causing injury and it appears that the petitioner is accused in three other cases also.

Submission of the learned counsel for the petitioner is that there is case and counter case between the parties and enmity is from before between the parties and furthermore the injury report which is kept at annexure 3 does not show any fire

Patna High Court CR. MISC. No.45361 of 2019(3) dt.22-10-2019 2/2 arm injury on the person of the informant.

Heard learned A.P.P. and the learned counsel for the informant, who has opposed the prayer for bail on the ground that the petitioner has criminal antecedent and the injury is caused by fire arm. .

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below and the learned court below shall verify the injury on the person of the informant and if it is found that the informant has no fire arm injury, he will release the petitioner on bail to his own satisfaction otherwise petitioner has to pray for regular bail.

(Vinod Kumar Sinha, J) chn/- U T