Dharmendra Yadav @ Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45955 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- SAHPUR District- Patna ====================================================== Dharmendra Yadav @ Dharmendra Rai, aged about 41 years, Male, Son of Krishna Prasad Singh, Resident of Daudpur, P.S-Shahpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Shahpur P.S. Case No. 112 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 448, 307, 326 of the Indian Penal Code and Section 27 of Arms Act..

Informant has alleged that on 24.03.2019 at about 7:00 P.M. F.I.R. named accused including petitioner variously armed came to his residence and started indiscriminate firing in order to terrorize the informant and his family. It is further alleged that Dharmendra Yadav (petitioner) fired as a result Pramod Kumar suffered firearm injury.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.45955 of 2019(3) dt.27-09-2019 2/2 that he is innocent and has committed no offence. There is case and counter case and land dispute between the parties however, there is no injury report of Pramod Kumar. Petitioner is in custody since 25.03.2019.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Danapur, in connection with Shahpur P.S. Case No. 112 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T