Bhuwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32852 of 2017 Arising Out of PS.Case No. -807 Year- 2014 Thana -BIHTA District- PATNA ======================================================

1. Bhuwar Yadav, Son of Jatha Yadav @ Rajeshwar Yadav, resident of Village- Kanchanpur, P.S. Bihta, District- Patna..... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-07-2017 This application is for grant of regular bail in connection with Bihta P.S. Case No. 807 of 2014 registered for the offence(s) under section(s) 307 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing on the informant causing injury in his left arm in lower margin of elbow. Submission of the learned counsel for the petitioner is that as a matter of fact, the petitioner was chased by the son of the informant and others and they started opening firing and due to that he received injury and no such occurrence as alleged in the FIR has taken place. Further submission is that the petitioner is in custody for two months and injury is simple in nature. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.32852 of 2017 (2) dt.14-07-2017 2/2 circumstances, as stated above, this application is allowed. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Danapur (Patna) in connection with Bihta P.S. Case No. 807 of 2014, 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.

(Vinod Kumar Sinha, J) Mahesh/- U T