Birchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31272 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -MOKAMAH District- PATNA ====================================================== Birchandra Yadav S/o Rajendra Yadav Resident of village Kanhaipur Brahamsthan, P.S.- Mokama, District- Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sucheta Yadav, Advocate For the State : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 11-08-2016 I have heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for offences punishable under Sections 326, 307, 302, 341 of the Indian Penal Code and 27 Arms Act.

It is contended on behalf of the petitioner that it would be apparent from the first information report that a gun shot was fired by the co-accused Rajesh Kumar @ Arey Yadav which hit the niece of the informant. As per allegation, there was altercation between two groups and during which they started firing and in between the niece of the informant crossed through and received gun shot injury. It is further contended that so far as the petitioner Birchandra Yadav is concerned, there is no specific

Patna High Court Cr.Misc. No.31272 of 2016 (2) dt.11-08-2016 2/2 allegation of firing against him. It is also contended that the petitioner is having clean antecedent.

Having regard to the facts and circumstances of the case, let petitioner Birchandra Yadav be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Mokama P.S. Case No. 16 of 2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Shri D.Kumar, J.M. 1st Class, Barh subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

However, at the time of furnishing bail bonds the court below would verify the criminal antecedents of the petitioner and if he is found involved in any criminal case before the date of filing of this application, i.e., 26th July, 2016, then he would be taken in custody.

(Dr. Ravi Ranjan, J) Spd/- U T