Ajit Yadav @ Ajit Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45496 of 2017 Arising Out of PS. Case No.-53 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Ajit Yadav @ Ajit Kumar 2.
Suman Yadav @ Suman Kumar @ Suman, Both are Sons of Haro Yadav @ Hareram Yadav, Both are resident of Village- Awash Board, P.S.- Muffasil, District- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. RAM PRIYA SARAN SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.
Prosecution case, in short, is that the accused persons came at the gate of the house of the informant and abused, on which he opened the gate of his house, then Ajeet Yadav gave order to the accused to catch him. Thereafter the informant tried to flee away but Suman Yadav and others caught him, then Ajeet Yadav made fire upon him.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the
Patna High Court Cr.Misc. No.45496 of 2017(2) dt.22-09-2017 2/2 present case. The allegation against the petitioner No.1 is of causing injury on the lady finger of the right hand of the victim. Same is on the non-vital part of the body. The injury is alleged to have been caused by fire arms, but as per the injury report, the injury is said to have been caused by hard and blunt substance. As far as petitioner No.2 is concerned, there is no allegation of assault against him.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. case No.53 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T