Fauji Hanuman Yadav @ Hanuman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4434 of 2021 Arising Out of PS. Case No.-196 Year-2017 Thana- SITAMARHI District- Sitamarhi ====================================================== FAUJI HANUMAN YADAV @ HANUMAN YADAV SON OF RAMDEO RAI RESIDENT OF VILLAGE - CHAKMAHILA, P.S. - SITAMARHI, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner seeks bail in Sitamarhi P.S. Case No. 196 of 2017 registered for the offences punishable under Sections 307/120(b)/34 of the Indian Penal Code. As per the prosecution case, while the informant was gossiping in the Baithka of Ghanshyam Ranjan, one unknown person came on motorcycle and made indiscriminate firing as a result of which, the informant sustained injury in the left thigh. The informant suspected that the petitioner or his associates might have come to commit murder of Ghaynshyam Ranjan, but unfortunately, the informant received injury in his thigh. It is submitted on behalf of the petitioner that he has

Patna High Court CR. MISC. No.4434 of 2021(2) dt.23-03-2021 2/3 been falsely implicated in this case due to village politics. It is further submitted that the petitioner has been made accused only on the basis of suspicion that he along with his associates might have come to commit murder of Ghanshayam Ranjan and fired indiscriminately. Chargesheet has already been submitted in this case. Petitioner is in custody since 04.10.2020. Considering the fact that petitioner has been made accused only on the basis of suspicion and the specific allegation of firing is against unknown, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi P.S. Case No. 196/2017, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the

Patna High Court CR. MISC. No.4434 of 2021(2) dt.23-03-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T