Ravi @ Gaina Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42580 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== RAVI @ GAINA YADAV Son of Krishna Yadav @ Krishnadev Yadav Resident of Village - Bank, P.S.- Muffasil, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indu Bhushan, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2022 Heard Mr. Indu Bhushan, learned counsel for the petitioner and Mr. Parmeshwar Mehta, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Mufassil PS Case No. 197/2020 registered for the offence punishable under Sections 341/323/307/504/506/34 of the IPC and Section 27 of the Arms Act.
As per First Information Report, the petitioner has allegedly, caught hold of the informant upon which, co-accused, Shambhu Yadav fired upon him but the bulled hit near the chin of the informant. It is further alleged that one another coaccused, Rupesh Yadav fired upon the informant but due to misfire, the informant did not receive injury. Learned counsel for the petitioner submits that both the parties are co-villagers and there is land dispute between
Patna High Court CR. MISC. No.42580 of 2021(3) dt.07-02-2022 2/3 them. He further submits that Shambhu Yadav, who allegedly fired upon the informant, has been granted bail by this Court vide Cr. Misc. No. 32562/2021 and the petitioner is not the assailant. He further submits that a counter case has also been filed by the accused against the informant and others bearing Mufassil PS Case No. 194/2020 for an incident which has taken place on the same date in which co-accused, Shambhu Yadav and the petitioner have sustained fire-arm injuries. Learned counsel next submits that the petitioner is in custody since 10.01.2021, charge-sheet has already been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is not the assailant, there is case and counter case between the parties due to land dispute, chargesheet has been submitted, co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, RAVI @ GAINA YADAV be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Mufassil PS Case No.
Patna High Court CR. MISC. No.42580 of 2021(3) dt.07-02-2022 3/3 197/2020.
(Anil Kumar Sinha, J) perwez U T