Pravin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51562 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- MANSI District- Khagaria ====================================================== PRAVIN YADAV S/O TEJ NARAYAN YADAV Resident of villageMatihani, P.S.- Mansi, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Mansi P.S. Case No. 128 of 2022, G.R. No. 969 of 2022 registered under Section 341, 323, 307, 385, 504, 506 / 34 of the I.P.C. and 27 of the Arms Act.
As per the first information report while the informant's brother was going on motorcycle, he was intercepted by the accused persons including the petitioner, who demanded extortion from him and upon protest, accused persons fired upon the brother of the informant, which hit near his head and the petitioner along with other accused persons shot the informant's brother in his right leg.
Learned counsel for the petitioner submits that petitioner along with other accused persons have falsely been
Patna High Court CR. MISC. No.51562 of 2022(2) dt.09-12-2022 2/3 implicated in this case on the basis of concocted story. He next submits that both the parties are neighbour, there is previous dispute between the parties and the uncle of the petitioner had lodged a case bearing Mansi P.S. Case No. 71 of 2018 under Section 341, 342, 33, 325, 504, 506 / 34 of the I.P.C. against the informant and others. He next submits that a counter case has also been filed by the side of the of the petitioner bearing Complaint Case No. 357C / 2022 against the informant and others. He next submits that similarly situated accused persons have been granted bail by the court below also and from perusal of the injury report, which is part of this petition, it would be evident that only lacerated wound and abrasion has been found upon the body of the injured. No sign of fire arm injury has been found by the doctor. Petitioner is in custody since 30.05.2022.
Regard being had to the submissions made by the parties, taking into consideration the nature of allegation and the injury found on the victim's body, the fact that both the parties are neighbour, there is previous dispute between them, petitioner is in custody since 30.05.2022 and charge sheet has already been submitted, and as such, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.51562 of 2022(2) dt.09-12-2022 3/3 Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000 /- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 128 of 2022, G.R. No. 969 of 2022.
(Anil Kumar Sinha, J) praful/- U T