Raj Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60161 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- MAHISHI District- Saharsa ====================================================== Raj Kishor Yadav S/O Bindeshwary Yadav @ Bindu Yadav R/O VillageRakhathi, P.S-Mahishi, District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the State :

Mr. Ramchandra Singh For the Informant :

Mr. Satish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 10.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that his buffalo entered the field of the petitioner and the petitioner along with the brother assaulted the son of the informant and accused Raushan Yadav shot him below his knee and his son died during the course of treatment. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.60161 of 2021(3) dt.24-03-2022 2/2 from bare perusal of the allegation as alleged in the F.I.R., it would manifest that as far as this petitioner is concerned, it is alleged that he assaulted the son of the informant as his buffalo had entered his field and allegation of firing is against Raushan Yadav.

The learned counsel for the informant as well as learned A.P.P. for the State vehemently opposes the bail application, but are not able to meet the submission of the learned counsel for the petitioner that allegation of firing is against Raushan Yadav.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahishi P. S. Case No.114 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T