Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50981 of 2021 Arising Out of PS. Case No.-135 Year-2021 Thana- BANKA District- Banka ====================================================== NIRANJAN YADAV Son of Parshuram yadav Resident of Village - Lakrikola, P.S. and District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Mr. Sanjeev Kumar, Advocates For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Banka PS Case No. 135/2021 registered for the offence punishable under Sections 323, 324, 307 of the IPC and Section 27 of the Arms Act.

The allegation in a nutshell is that the petitioner fled away with the wife of younger brother of the informant for which some altercation took place between the brother of the informant and the petitioner and when the informant went to inquire into the matter, the petitioner fired upon him with the pistol.

Patna High Court CR. MISC. No.50981 of 2021(2) dt.15-04-2022 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive inasmuch as no such incident has taken place. He next submits that two cases have been lodged, one under the Arms Act in which the petitioner is on bail and the another one is the present case with an allegation of firing but during course of investigation, the prosecution has not brought on record any injury report showing that the informant sustained fire arm injury which would be evident from the impugned order itself. Learned counsel next submits that the petitioner is in custody since 27.03.2021 and the charge-sheet has already been submitted in the matter.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the injury report has not been brought on record by the prosecution, petitioner is in custody since 27.03.2021, the charge-sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, NIRANJAN YADAV be released on bail on furnishing bail bond of Rs. 20,000/-

Patna High Court CR. MISC. No.50981 of 2021(2) dt.15-04-2022 3/3 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka PS Case No. 135/2021.

(Anil Kumar Sinha, J) perwez U T