Bhangi Yadav @ Bhangi Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50802 of 2022 Arising Out of PS. Case No.-394 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== BHANGI YADAV @ BHANGI KUMAR PRASAD S/O LAWAKH RAI @ DHAVAL RAY Resident of village- Govinadpur (Tola Hardiya), P.S.- Turkauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 A.P.P.

For the Informant/s :

Md. Ansar Rahman Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, 2-3 unknown miscreants came and opened the doors of the chamber of Dr. Tahera Tabbassum. When the informant who is the doctor's driver objected, one of the miscreants took out his pistol and fired on

Patna High Court CR. MISC. No.50802 of 2022(2) dt.13-12-2022 2/3 the informant which hit on his left hand. On halla, local villagers gathered and two miscreants fled on their motorcycle and one miscreant who had fired on the informant was caught, who disclosed his name as this petitioner Bhangi Yadav. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that as per the injury report, the injured has sustained simple injury in his hand. The petitioner is accused in one other criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 02.05.2022.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that there is direct allegation against the petitioner of firing on the informant.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 394 of 2022.

Patna High Court CR. MISC. No.50802 of 2022(2) dt.13-12-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T