Raju Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.43758 of 2014 (2) dt.16-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43758 of 2014 Arising Out of PS.Case No. -216 Year- 2013 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Raju Yadav

2. Shambhu Yadav Both are Sons of Late Chhedi Yadav R/O Village- Basantpur, P.S. Sathi, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners apprehend their arrest in connection with Sathi P.S. Case No. 216 of 2013 registered for the offences punishable under Sections 427, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that so far as petitioner no. 1, namely, Raju Yadav is concerned, there is no specific allegation against him whereas; the allegation against the petitioner no. 2, namely, Shambhu Yadav is of firing from his gun which caused certain pillet injuries upon the informant. Learned counsel for the petitioners draws the attention of the court

Patna High Court Cr.Misc. No.43758 of 2014 (2) dt.16-04-2015 towards the injury report in which there is no evidence of any fire arms injury. Injury report completely falsifies the prosecution case because the injury was caused by hard and blunt substance and not by fire arms. It is further submitted that petitioners are accused in one another case in which they are on bail.

Considering the aforesaid submissions and the nature of allegation, let the petitioners above named , in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah West Champaran in connection with Sathi P.S. Case No. 216 of 2013 subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

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(Anjana Mishra, J) Jagdish/- U T