Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16571 of 2015 Arising Out of PS.Case No. -287 Year- 2014 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Ashok Yadav Son of Late Anandi Yadav, Resident of Village - Kathara, P.S. Sultangun, District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Subash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Sultanganj P.S. Case No. 287 of 2014 for the offences instituted under sections 447, 341, 323, 307, 506/34, 302 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant along with his cousin went to get the field ploughed. In the meantime, the accused persons prohibited to plough them and on protest by the informant, the petitioner and his associates assaulted him with lathi, danda as a result of which the informant sustained injuries. It is further alleged that co-accused Kedar Yadav and Gaurav Yadav fired with country made pistol but fortunately he escaped. The informant's nephew Abhimanyu Yadav came to rescue him

Patna High Court Cr.Misc. No.16571 of 2015 (2) dt.11-06-2015 on which petitioner Ashok Yadav ordered to shoot him. Upon this co-accused Kedar Yadav opened fire which hit on the head of Abhimanyu Yadav who was seriously injured. The injured was brought to the hospital where during the course of treatment he succumbed to his injuries.

It has been submitted on behalf of the petitioner that the allegation of assault is against Kedar Yadav. So far as the petitioner is concerned, he is simply an order giver. It has been submitted that no injury has been caused by the petitioner upon the deceased. It is further submitted that the petitioner has no criminal antecedent and he is in custody since 10.12.2014. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Sultanganj P. S. Case No. 287 of 2014.

(Sudhir Singh, J) Amin/- U