Surendra Yadav @ Surendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44140 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== 1.

SURENDRA YADAV @ SURENDRA KUMAR Son of Ramotar Yadav Resident of Village- Jagidshpur, P.S.- Nardiganj, District- Nawada. 2.

Raghuveer Yadav @ Raghuveer Kumar Son of Late Yugal Yadav Resident of Village- Jagidshpur, P.S.- Nardiganj, District- Nawada. ... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Rama Kant Sharma, Senior Advocate.

For the State :

Ms. Renu Kumari, A.P.P.

For the Informant :

Mr. Birendra Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2019 Let the vakalatnama filed on behalf of the informant be kept on the record.

Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioners apprehend their arrest in connection with Nardiganj P.S. Case No.34 of 2019 registered under Sections 341, 323, 307, 326 and 504/34 of the Indian Penal Code besides Section 27 of the Arms Act.

Thea accusation is that in the evening of 07.12.2019, the informant Gorelal Yadav was collecting the paddy straw at his house. At that time, he heard the sound of quarrel besides his house. Thereafter, the informant went there, then he saw that due to dispute of draining of the water, Brahamdeo Yadav and Surendra Yadav

Patna High Court CR. MISC. No.44140 of 2019(2) dt.18-07-2019 2/2 (petitioner no.1) were quarreling. When the informant went to pacify the dispute in between them, then Vinod Yadav, the nephew of the petitioner no.1, fired through pistol causing injury at the wrist of the right hand of the informant. Thereafter, Vinod Yadav again made firing which hit at one lady of the mob. In the occurrence, the petitioners and Vishnudeo Yadav were also involved. Learned counsel for the petitioners submits that the specific allegation of making firing is against Vinod Yadav, the nephew of the petitioner no.1. No specific overt act is attributed to the petitioners. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Nawada, in connection with Nardiganj P.S. Case No.34 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.