Daso Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24692 of 2017 Arising Out of PS.Case No. -103 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Daso Yadav, son of Ramchandra Yadav, Residents of Village- Bathnaha, P.S.- Allouli, District- Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 30-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Allouli P.S. Case No.103 of 2015/Sessions Case No.170 of 2015 registered under Sections 302 and 120(B)/34 of the Indian Penal Code besides Section 27 of the Arms Act.
The accusation is that six persons, named in the F.I.R., including the petitioner, on 07.05.2015 at about 08.30 A.M., boarding on two motorcycles, came at the door of the informant Pramod Ram and this petitioner and Rajo Yadav made query from the mother of the informant about her health. Thereafter, all started opening fire indiscriminately at the mother of the informant
Patna High Court Cr.Misc. No.24692 of 2017 (4) dt.30-08-2017 2/3 due to which she sustained firearm injury at her head and various parts of the body and she fell down. When the informant tried to flee away, firing was also made by them at him twice but he, anyhow, saved himself. Thereafter, all the accused persons including the petitioner fled away from there boarding on the motorcycles.
Learned counsel appearing on behalf of the petitioner submits that while the allegation has been made in the F.I.R. by the informant to make indiscriminate firing at his mother by this petitioner and five others and also at him but, in the post-mortem report of the deceased, the mother of the informant, only one firearm injury was found on her person. The petitioner is in custody since 14.05.2015. Further submission is that some coaccused have already been granted bail by different Benches of this Court.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be re leased 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 Additional Sessions Judge, Fast Track Court-I, Khagaria, in connection with Allouli P.S. Case No.103 of 2015/Sessions Case No.170 of 2015. Out of the two sureties, one
Patna High Court Cr.Misc. No.24692 of 2017 (4) dt.30-08-2017 3/3 must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case during the course of the trial. If the petitioner fails to attend the trial court on two consecutive dates during the course of the trial without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T