Sudhar Singh @ Sudhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35877 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- NARAINPUR District- Bhojpur ====================================================== SUDHAR SINGH @ SUDHAR YADAV Son of Late Nasiba Yadav R/o Village-Ahile, P.S.-Narayanpur, District-Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-03-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Narayanpur P.S. Case No. 40 of 2020 for the offence registered under Sections 323, 324, 341 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the son of the petitioner namely Dharmendra Yadav having fired gun shots on the informant resulting in him sustaining injury on his chest, at the time when the informant was going on his tractor to his field. It is further alleged that subsequently the petitioner and one Sanjay Yadav had fired on the uncle of the informant resulting in injury being inflicted on his left wrist. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.35877 of 2020(3) dt.04-03-2021 2/3 present case and he is languishing in custody since 01.07.2020. The learned counsel for the petitioner has further submitted that no specific overt act has been alleged so far as the petitioner is concerned and in fact both the co-accused person Sanjay Yadav and the petitioner are alleged to have fired at the uncle of the informant, however, only one injury has been inflicted upon him. Lastly, it is submitted that the injury sustained by the uncle of the informant is on the left wrist and not on any vital part of the body. Per contra, the learned A.P.P. for the State Shri Anil Kumar has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and taking into account the materials available on record as also those available in the case dairy, it appears that no specific allegation has been levelled against the petitioner herein of him having fired on the uncle of the informant and moreover he is having a clean antecedent and is languishing in custody since 01.07.2020, hence I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Additional Chief Judicial Magistrate-6th,

Patna High Court CR. MISC. No.35877 of 2020(3) dt.04-03-2021 3/3 Bhojpur at Ara in connection with Narayanpur P.S. Case No. 40 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T