Shailendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38265 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- PASRAHA District- Khagaria ====================================================== SHAILENDRA YADAV, aged about 32 yearsw (Male), Son of Late Pulkit Yadav, Resident of Village-Basua, Police Station-Pasraha, District-Khagaria. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Viveka Nand Singh, Advocate.
For the Opposite Party :
Mr.Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 02.02.2019 in a case for the offence registered under Sections 147, 148, 149, 448, 341, 307, 504, 427 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that two months prior to the alleged occurrence, Shailendra Yadav (petitioner), Rabin Yadav and Lalo Yadav in drunken state of mind broken the glass of Tempo of cousin brother of the informant for which Panchayati was held and compensation was agreed to be paid to Yugesh Yadav but when compensation was not paid then he went to demand money from them. In the same resentment yesterday on 21.12.2018 at about 8.00 P.M. the petitioner
Patna High Court CR. MISC. No.38265 of 2019(2) dt.25-06-2019 2/3 alongwith ten other F.I.R. named co-accused persons variously armed with deadly weapons surrounded his house and coaccused Shiv Yadav ordered to kill him that he is cousin of Yugesh Yadav. Thereafter, petitioner and co-accused Ravin Yadav fired upon him by their respective pistol which hit him in his thigh. He was admitted in hospital.
It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner and one other coaccused Ravin Yadav is alleged to have fired upon the victim. Only one firearm injury is found on the left side of thigh of the informant. It is further submitted that the petitioner may be released on bail after completion of six months in custody. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in
Patna High Court CR. MISC. No.38265 of 2019(2) dt.25-06-2019 3/3 connection with Pasraha P.S. Case No. 155 of 2018. (Sudhir Singh, J) U.K./- U T