Khiru Yadav @ Khiru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21250 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -GOVINDPUR District- NAWADA ====================================================== Khiru Yadav @ Khiru, Son of Tulsi Yadav, Resident of Village- Jafra, P.S.- Govindpur, District- Nawada.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Govindpur P.S. Case No. 01 of 2016 for the offences instituted under Sections 341, 323, 504, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in brief, is that on 09.01.2016 at about 11 a.m., the informant was constructing boundary at the roof of his house and at that time petitioner came there and told to stop the aforesaid construction and when the informant told that he was constructing boundary of his share, upon which the petitioner fired from his pistol which hit at the left ankle of the informant due to which he sustained ankle injury and fell down there.

Patna High Court Cr.Misc. No.21250 of 2016 (4) dt.02-08-2016 2/2 It has been submitted on behalf of the petitioner that petitioner is in custody since 10.01.2016. Charge sheet has been submitted in the present case. There is no criminal antecedent of the petitioner. There is no allegation of tampering of the witnesses against the petitioner. The petitioner and the informant are own brothers. The alleged occurrence is said to have taken place due to family dispute between the parties. The injury caused on non-vital part of the body of the informant.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Nawada, in connection with Govindpur P.S. Case No. 01 of 2016. (Sudhir Singh, J.) Rajiv/- U