Patna High CourtCR. MISC./28723/2017bail granted

Brajesh Yadav @ Brajesh Kumar Yadav And ANR v. The State Of Bihar

2017-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28723 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -ITADHI District- BUXAR ======================================================

1. BRAJESH YADAV @ BRAJESH KUMAR YADAV Son of Sri Tej Narayan Yadav

2. Tej Narayan Yadav @ Tej Narayan Singh Son of Sri Ram Brat Yadav both are R/o Village- Barahana, P.S. Itadhi, Distt- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 379, 354, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

For land dispute, there is general and omnibus allegation of firing against the petitioners. Specific allegation is against Sanjay Mishra to have caused firearm injury at the leg of the informant.

Submission is that there is land dispute and for that reason, false implication is there.

Patna High Court Cr.Misc. No.28723 of 2017 (2) dt.06-07-2017 2/2 Learned counsel for the informant opposed the prayer for bail on the basis of allegation against the petitioners and the fact that they have got criminal antecedent.

To counter the aforesaid assertion, submission of the petitioners is that the informant has also got criminal antecedent. Considering the fact that petitioners are not alleged any injury to anyone, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/successor Court in connection with Itadhi Police Station Case No. 60 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T