Nand Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12896 of 2016 Arising Out of PS.Case No. -80 Year- 2015 Thana -AGIAUN BAZAR District- BHOJPUR ======================================================

1. Nand Kishore Yadav, S/o Late Prabhu Yadav, resident of VillageKatriya Tola, P.S. Agion Bazar, District- Bhojpur, Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. It would appear that childish quarrel took place between the sons of the parties and the aforesaid childish quarrel led to the present occurrence in which one co-accused Sadan Yadav at the instigation of the petitioner opened fire on the informant which caused injury on the hand and abdomen of the informant.

Contention on behalf of the petitioner is that

Patna High Court Cr.Misc. No.12896 of 2016 (2) dt.31-03-2016 2/2 petitioner is not an assailant and is languishing in jail custody since 14.11.2015 and moreover, petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Dinkar Kumar, Judicial Magistrate 1st Class, Bhojpur at Ara in connection with Agion Bazar P.S. Case No. 80 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T