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Patna High CourtCR. MISC./1821/2017allowed

Bineshi Yadav @ Kharati v. The State Of Bihar

2017-01-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.1821 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1821 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Bineshi Yadav @ Kharati, Son of Bhuwan Yadav, Resident of village - Meerganj, P.S. Shakurabad, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner is apprehending his arrest in connection with Shakurabad No. 95 of 2016 registered for the offence punishable under Sections 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3.

It is alleged that during election of Education Committee of the village Primary School, some altercation took place and the petitioner is said to have opened fire from his pistol, which shot passed away by hitting behind ear of the informant. 4.

Learned counsel for the petitioner has submitted that admittedly there was altercation between the informant and this petitioner and some injuries have been caused to the informant,

Patna High Court Cr.Misc. No.1821 of 2017 (2) dt.19-01-2017 but all the injuries sustained by the informant appear to be simple in nature, which would be evident from Annexure-2 of this petition. Moreover, the parties have already settled their dispute by way of compromise petition, which is annexure-3. 5.

Considering the facts and circumstances of the case and the nature of allegation made against the present petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of A.C.J.M., Jehanabad in connection with Shakurabad P.S. Case No. 95 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T