Patna High CourtCR. MISC./21798/2017bail granted

Bidya Yadav v. The State Of Bihar

2017-07-26Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21798 of 2017 Arising Out of PS.Case No. -92 Year- 2015 Thana -BHAGWANGANJ District- PATNA ====================================================== Bidya Yadav, S/o Late Akalu Yadav, Resident of Village- Rauniya Chak, P.S.- Bhagwanganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bhagwanganj P.S. Case No. 92 of 2015, registered under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that 11 persons named in the F.I.R. including the petitioner surrounded Udheshwar Yadav near the house of Mahendra Yadav. At that time, this petitioner and one Ramswaroop Yadav shot fire at the chest of Udheshwar Yadav. Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner rejected twice lastly on 07.12.2016 and petitioner is in custody since 17.12.2015. The injuries as found on the person of Udheshwar Yadav is of simple

Patna High Court Cr.Misc. No.21798 of 2017 (4) dt.26-07-2017 2/2 in nature, while petitioner is accused in Sessions Trial No. 81 of 2003 arising out of Masauri (Bhagawanganj) P.S. Case No. 148 of 1997, but he has been acquitted in that case vide Judgment dated 29.11.2010 passed by the Court of Assistant Sessions Judge-3rd, Patna.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. 1st Class, Masaurhi, Patna in connection with Bhagwanganj P.S. Case No. 92 of 2015.

(Rajendra Kumar Mishra, J) manish/- U T