Bhundi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58139 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Bhundi Yadav S/o Late Chhote Lal Yadav R/o vill - Lattipur, P.S. - Bihpur, Distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Kharik P.S. Case No.117 of 2023 for the offences punishable under Sections 341, 147, 148, 149, 323, 307, 364 of the Indian Penal Code and Section 27 of the Arms Act lodged on 23.05.2023 by the informant, Kailash Choudhary.
3. As per the prosecution story, the accused persons came suddenly and opened fire causing injury on his right thigh. As the locals were in fear due to gun shot, the accused persons tried to take him towards Ganga to throw him but only due to timely arrival of the police they left him and escaped. He was brought to Kharik Hospital and then referred to Mayaganj Hospital. Accordingly, the FIR.
4. It is the case of the petitioner that omnibus
Patna High Court CR. MISC. No.58139 of 2024(2) dt.13-09-2024 2/3 allegation has been made against all the accused persons and there is nothing specific against him. Further, he in custody since 29.05.2023. The last contention is that irrespective of the outcome of the present case and or accepting the allegation he intends to pay Rs.10,000/- (Ten thousand) to the informant to be paid through the demand draft in favour of the informant and submit before the concerned Court.
5. Learned APP opposes the prayer stating that the accused persons have opened fire and were trying to take the injured towards the river.
6. Though allegation is there, the same is omnibus in nature, the petitioner has remained in custody since 29.05.2023, as informed, one of the co-accused, Pago Mandal has been granted bail vide Cr. Misc. No. 55833/2023 (Annexure-3 to the petition), this Court is inclined to extend him the privilege of bail subject to payment of Rs.10,000/- through demand draft in favour of the informant.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Naugachia, Bhagalpur, in connection with Kharik P.S. Case No. 117 of 2023 subject to
Patna High Court CR. MISC. No.58139 of 2024(2) dt.13-09-2024 3/3 the following conditions:
(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) perwez U