Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18147 of 2018 Arising Out of PS.Case No. -82 Year- 2014 Thana -CHANDRADEEP District- JAMUI ======================================================

1. Amit Yadav Son of Janardhan Yadav Resident of Village - Baruni, P.S. Ariyari, District - Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Adv. For the Opposite Party/s : Mr. Sri Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

It appears that co-accused Balmukund Yadav @ Ravikant against whom there is allegation of commission of firearm injury at the abdomen of Kundan Yadav and at the shoulder of the informant has already been allowed bail by a Coordinate Bench of this Court vide Annexure-3 considering the fact that Kundan Yadav was never examined by the police and the Doctor has found injury by hard and blunt substance at the shoulder of the informant. Though there is allegation of firing against the petitioner also, however, the injury report is not consistent with the

Patna High Court Cr.Misc. No.18147 of 2018 (2) dt.03-04-2018 allegation. Petitioner is in custody since 05.02.2018. Petitioner has got no criminal antecedent. The Doctor has found firearm injury at the face of the informant which is against the petitioner.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail after framing of the charge or completion of three months of custody from today whichever is earlier on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chandradeep Police Station Case No.82 of 2014, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T