Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46340 of 2017 Arising Out of PS.Case No. -239 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Shankar Yadav son of Bhola Yadav, R/o village-Kobil, P.S. Islampur, District-Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vagisha Pragya Vacaknavi For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Islampur P.S. Case No. 239 of 2017(G.R. No. 1654 of 2017 and Reg. No. 2679 of 2017) for offences punishable under Sections 341, 342, 323, 504, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that while he was ploughing the field at 8.30PM. five persons variously armed with pistol came and assaulted him, opened fire and snatched his tractor and took out some parts and escaped. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.46340 of 2017 (2) dt.21-09-2017 2/3 petitioner that he is innocent and no overt act has been alleged to have been committed, the firing did not hit the informant and that he has been remanded in the present case and is languishing in judicial custody since 28.08.2017.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and there are two more cases pending against him although in one case, after investigation charge-sheet has not been submitted against the petitioner.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 239 of 2017 (G.R. No. 1654 of 2017 and Reg. No. 2679 of 2017), subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial and when required and
Patna High Court Cr.Misc. No.46340 of 2017 (2) dt.21-09-2017 3/3 failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T