Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31174 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -HALSI District- LAKHISARAI ====================================================== Umesh Yadav son of Late Rajendra Yadav, resident of village Barui, PSHalsi, District-Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 This application is for grant of regular bail in connection with Halsi P.S. Case No. 113 of 2016 registered for the offence(s) under section(s) 341, 323, 504, 307/34 of the Indian Penal Code and section 27 of the Arms Act.

Allegation against the petitioner is of firing on the informant causing injury to him.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case as there is a land dispute between the parties and he has stated on oath in paragraph 10 of this application that injuries sustained by the informant are simple in nature and he is in custody for two months.

Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.31174 of 2017 (2) dt.13-07-2017 2/2 circumstances, as stated above, the Court below is directed to verify the fact whether the injuries found on the person of the informant are simple and if it is being so, the learned Additional Chief Judicial Magistrate-III, Lakhisarai/Successor Court will release the petitioner on bail on furnishing bail bond of Rs.25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to its own satisfaction in connection with Halsi P.S. Case No. 113 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.

Accordingly, this application is disposed of. Mahesh/- (Vinod Kumar Sinha, J) U T