Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.823 of 2015 ====================================================== Pappu Yadav, Son of Sri Bundi Yadav, Resident of Village - Dedghara, P.S.- Rahui, Dist.-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Bhola Kumar, Advocate For the State : Mr. Ajay Kumar No.1 (App) For the Informant : Mr. Satyendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-03-2015 Heard the learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in Rahui P.S. Case No.39/2014 registered for the offence punishable under Sections 147, 148, 149, 448, 341, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is to have shot fire which hit Ajit Yadav, brother-in-law of the informant.

It is submitted that the petitioner has been falsely implicated in this case due to retaliation. Prior to this occurrence, Rajo Devi, mother of the petitioner has lodged Rahui P.S. Case No.38/2014 dated 7.02.2014 for the offence

Patna High Court Cr.Misc. No.823 of 2015 (3) dt.11-03-2015 2/3 punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code against Sanjay Yadav, husband of the informant and his relatives. It is further submitted that it appears from the injury report that after treatment, the injured was referred to P.M.C.H, Patna but he did not go there and again he came to Sadar Hospital, Biharsharif for treatment after 15 days and no where it has been mentioned that whether his treatment has been made at another place or not. The petitioner has criminal antecedent in which he is on bail. There is no repetition of firing.

Learned counsel for the other side submits that there is specific allegation of overt act against the petitioner. After investigation, charge-sheet has already been submitted and cognizance has already been taken. The petitioner has also criminal antecedent.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif/court concerned in Rahui P.S. Case No.39 of 2014 after framing of charge with the

Patna High Court Cr.Misc. No.823 of 2015 (3) dt.11-03-2015 3/3 following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T