Baban Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51089 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== BABAN YADAV S/o Late Rajendra Yadav R/o village- Tula Bigha, P.S.- Shakurabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Sinha, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Shakurabad P.S. Case No. 37 of 2022, for the offence registered under Sections 341, 342, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation is regarding the accused persons including the petitioner herein having reached near Khat Sota, where they had intercepted the informant, namely, Umesh Kumar, who was returning back to his home. It is also alleged that the accused persons had then fired gunshots on the informant and had also assaulted him. As far as the petitioner is concerned, he is alleged to have fired gunshot on the chest of the informant while the co-accused person, namely, Sanjay Yadav had fired on the left side of the stomach of the informant and one Kavi Kumar is

Patna High Court CR. MISC. No.51089 of 2022(3) dt.07-02-2023 2/3 stated to have fired gunshot on the finger of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 10.06.2022. The learned counsel for the petitioner has submitted, by referring to the injury report/ supplementary injury report, which is a part of the case diary, that the doctor has found fire arm injury only on the right lumbar portion of the person of the informant, hence the allegation levelled by the informant is palpably false.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case dairy, this Court finds that the allegation of the petitioner having shot the informant on his

Patna High Court CR. MISC. No.51089 of 2022(3) dt.07-02-2023 3/3 chest, is not supported by the injury report/supplementary injury report, inasmuch as no gunshot injury has been found on the chest of the informant, hence this Court finds that benefit of doubt can be granted to the petitioner for the purposes of grant of bail, especially in view of the fact that he is having a clean antecedent, is aged about 70 years and is languishing in custody since 10.06.2022, thus, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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 Judicial Magistrate, 1st Class, Jehanabad in connection with Shakurabad P.S. Case No. 37 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T