Jata Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37849 of 2019 Arising Out of PS. Case No.-175 Year-2014 Thana- BAKHARI District- Begusarai ====================================================== JATA SHANKAR YADAV, S/o Late Rajendra Yadav, R/o village- Parihara, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Narayan, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sessions Trial No.189 of 2018 arising out of Bakhri P.S. Case No.175 of 2014 instituted for the offence under Section(s) 307, 326/34 Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that Petitioner is in custody since 11.01.2018.

It is alleged in the written report that on the date of occurrence this petitioner along with five other accused persons fired indiscriminately on husband of the informant causing injuries at three places on his body. It is further alleged that husband of the informant was witness in Bakhri P.S. Case No.270 of 2012 under Section 307/34 Indian Penal Code and Section 27 of the Arms Act. Accused persons are accused in that

Patna High Court CR. MISC. No.37849 of 2019(2) dt.25-06-2019 2/2 case.

Counsel for the petitioner submits that this petitioner is not accused in Bakhri P.S. Case No.270 of 2012. He further submits that there is no specific allegation against the petitioner in the written report of causing any firearm injury to husband of the informant.

Injury report of husband of the informant is enclosed as Annexure-3, which shows that three injuries were found on the person of injured caused by firearm, which were on left arm, thigh and on back.

Keeping in view the period of custody and the fact that no specific allegation has been levelled against the petitioner of causing any firearm injury, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Additional Sessions Judge-XIV, Begusarai, in connection with Sessions Trial No.189 of 2018 arising out of Bakhri P.S. Case No.175 of 2014 , subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T