Patna High CourtCR. MISC./14715/2016bail granted

Atma Yadav v. The State Of Bihar

2016-04-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14715 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Atma Yadav Son of Ram Bahadur Yadav resident of village - Mojhagai, P.S. Chand, District - Kaimur ( Bhabua ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. P.K.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is said to have opened fire on the informant as a result whereof, informant sustained firearm injury on his thigh.

Learned counsel for the petitioner points out that the informant sustained simple injury, though said to be caused by firearm. It is further submitted that as a matter of fact, there was land dispute between the parties and the informant forcibly wanted to take possession of lands of the petitioner. It is further submitted

Patna High Court Cr.Misc. No.14715 of 2016 (2) dt.08-04-2016 2/2 that prior to the alleged occurrence, the informant lodged some other cases also against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 25.11.2015, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Birendra Prasad, Judicial Magistrate 1st Class, Kaimur, Bhabua in connection with Chand P.S. Case No. 71 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T