Dharmanath Yadav @ Dharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25975 of 2015 Arising Out of PS.Case No. -240 Year- 2013 Thana -DUMRA District- SITAMARHI ====================================================== Dharmanath Yadav @ Dharma, son of Triloki Prasad Yadav, resident of village- Vishwanathpur, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashhar Mustafa, Advocate For the Opposite Party: Mr. Anil Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dumra P.S. Case No.240 of 2013 for the offence punishable under Sections 326, 307, 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that on 08.09.2013 at about 9.30 P.M., the informant along with Monu Singh and Nikhil Kumar were going towards Gosaipur on motor cycle and when they reached the village Gosaipur on lonely place, Monu Singh stopped the motor cycle and went for urination. In the meantime, the petitioner, Vikash Yadav and Mukesh Kumar came there on the motor-cycle and they told to shoot him on which Monu Singh fired upon the informant as a result of which he received firearm

Patna High Court Cr.Misc. No.25975 of 2015 (2) dt.11-06-2015 2/2 injury on his back. The petitioner also tried to fire upon him with pistol but anyhow he had hidden himself behind a tree. On such information, Dumra Police came there and took him to the Hospital for treatment from where he was referred to S.K. Medical College & Hospital, Muzaffarpur for better treatment. It has been submitted on behalf of the petitioner no injury has been attributed against the petitioner. The allegation of causing injury is against Monu Singh. It has further been submitted that the petitioner has got no criminal antecedent and he is in custody since 16.04.2015.

On behalf of the State, it has been submitted that there is direct evidence against the petitioner.

Considering the fact that no injury is attributed against the petitioner, let him (Dharmanath Yadav @ Dharma) be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case no. 240 of 2013. (Sudhir Singh, J) B.T/- U T