Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14368 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Anil Yadav S/o Raja Ram Yadav Resident of Village Harnaut behind the Central Bank, P.S. Harnaut, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav, Advocate For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 18.12.2014 in a case registered for the offences punishable under sections 147/148/149/341/447/323/324/307 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that co-accused Rudal Yaday was constructing a room on the ancestral land of the informant when the informant made protest and asked him to get the construction work done after getting the land measured, the accused persons came variously armed with when Rudal Yadav assaulted with 'farsa' on the head of the informant and this petitioner fired from his rifle on the chest of Mantu Yadav. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.14368 of 2015 (3) dt.03-07-2015 2/2 that in the background of land dispute the accusation has been levelled against the petitioner. The injury report of PMCH contained in annexure-3 suggests the entry wound of 1 cm diameter 3 cm from mid sternum at nipple level but the opinion with regard to the injury has been directed to be obtained from the referring hospital. The injury report of PMCH further suggests that the injured was examined on 27.03.2014 and was discharged on 28.03.2014. The size of injury suggests that the injury was not caused by rifle. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid fact, let the above named petitioner be released 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No.81 of 2014.

(Dinesh Kumar Singh, J) Ashwini/- U T