Rajendr Yadav @ Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42220 of 2019 Arising Out of PS. Case No.-168 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Rajendr Yadav @ Rajendra Yadav Son of Sitaram Yadav Resident of Village - Khajuri, P.S.-0 Sourbazar, Distt - Saharsa at present Gangjala Ward No. 16, Saharsa, P.S.- and Distt - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in short, is that while the informant was about to enter into his Darwaza, the accused persons came from behind and firing was made as a result of which, the informant sustained fire-arms injury. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 24-02-2019. Charge sheet in this case has already been submitted. The

Patna High Court CR. MISC. No.42220 of 2019(2) dt.09-07-2019 2/2 petitioner has been falsely implicated in the present case due to previous enmity. A case was instituted by the petitioner against the informant and his family members. The alleged occurrence is said to have taken place at 9.30 p.m. No source of identification has been disclosed by the prosecution. Prosecution case appears to be doubtful. It has further been submitted that the petitioner may be released after completion of eight months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of eight months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 168 of 2019.

(Sudhir Singh, J) A.K.V.//- U T