Patna High CourtCR. MISC./7402/2016bail granted

Ram Pravesh Yadav v. The State Of Bihar

2016-04-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7402 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Ram Pravesh Yadav Son of Sri Kamleshwar Yadav, Resident of VillageLachhmipur, P.S. - Barbigha Keoti O.P., District - Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. B.N.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under sections 448, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly the petitioner opened fire with Pistol upon Vijay Yadav which hit in his chest and he fell down. Submission is of false implication, it is alleged that due to dispute between the children the occurrence has taken place, there was no intention to commit murder, there is no allegation that the petitioner repeated the blow of firing, the injury found on Vijay Yadav is also not mentioned in the injury report and further his statement has not been recorded by the police. The

Patna High Court Cr.Misc. No.7402 of 2016 (3) dt.12-04-2016 petitioner is in custody since 25.11.2015.

Learned A.P.P assisted by the learned counsel for the informant opposed the prayer for bail by submitting that statement of Vijay Yadav was taken at P.M.C.H. in the Emergency Ward and on his chest fire arm injury was found and as such the petitioner does not deserve bail. In the facts and circumstances stated above, the petitioner above named is directed to be enlarged on bail after completion of nine months in custody on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Sheikhpura in connection with Barbigha (Kewati) P.S. Case No. 159 of 2015.

(Jitendra Mohan Sharma, J) Amin/- U