Hiraman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5802 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== HIRAMAN YADAV SON OF SIYASARAN YADAV Resident of Village - Bhagwanpur Tola, P.S.- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 341, 323 and 307/ 34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Naubatpur P.S.Case No. 133 of 2020. As per the allegation, the accused persons assaulted Prashant Raj and Makeshwar Kumar and made them injured. The allegation against the present petitioner is that he fired shot from his pistol.

Learned counsel for the petitioner has submitted that the allegation of firing is false and frivolous as no one has sustained any fire-arm injury. So far as the allegation of assaulting the above-named two persons is concerned, that

Patna High Court CR. MISC. No.5802 of 2021(4) dt.14-12-2021 2/2 allegation is general and omnibus in nature. The case diary has been received and both the injured namely, Prashant Raj and Makeshwar Kumar have stained injuries, simple in nature and caused by hard and blunt substance.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 learned Sub Judge 2 cum ACJM II, Danapur in connection with Naubatpur P.S.Case No. 133 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T