Vijay Singh @ Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46514 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- OBRA District- Aurangabad ====================================================== VIJAY SINGH @ VIJAY YADAV Son of Sri Sitaram Singh Resident of Village- Mastali Chak, Police Station- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

During the course of Tilak ceremony of the devar of the cousin of the informant, all the five named accused persons were resorting firing in the air. On protest made by the brother of the informant, accused Rajesh Yadav and Mahesh Yadav exhorted to assault him, whereupon all the accused persons started slating him and accused Baban Singh resorted firing on the neck of his brother, sustaining injury he fell down on the ground. Then petitioner Vijay Yadav resorted firing in

Patna High Court CR. MISC. No.46514 of 2019(3) dt.17-10-2019 2/2 air and made good his escape.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. Petitioner was also invitee of the said Tilak ceremony. He has been falsely implicated in the case due to dirty village politics. He does not happen to be assailant rather assailant is Baban Singh. None has sustained any injury in the occurrence at the hand of the petitioner. Other allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Obra P.S. Case No. 104 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T