Ranbir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5730 of 2017 Arising Out of PS.Case No. -146 Year- 2016 Thana -SALKHUA District- SAHARSA ====================================================== Ranbir Yadav, Son of Maheshwari Yadav, Resident of Village-Kopariya, P.S.-Salakhua, Dist. Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kulanand Jha, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

Petitioner is languishing in judicial custody since 10.07.2016 in connection with S.Tr. No. 186/16, arising out of Salakhua P.S. Case No. 146/16 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 504, 307, 506 of the Indian Penal Code and 27 of the Arms Act. Allegation is that petitioner along with others came at the door of the informant and on the orders of Maheshwari Yadav petitioner fired from his gun, which hit the right hand elbow of the informant. Blood was oozing, informant became unconscious and fell on the ground.

Patna High Court Cr.Misc. No.5730 of 2017 (2) dt.03-03-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, has not committed any offence and has falsely been dragged in the aforesaid case due to land dispute. It is submitted that the injury caused by the petitioner is on the hand and charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned counsel appearing on behalf of the informant submits that the petitioner does not have a clean antecedent and the allegation upon him is that he fired from his pistol which hit the informant's hand, hence, vehemently opposes the prayer for bail.

Learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as also the fact that the charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Saharsa in connection with S.Tr. No. 186/16, arising out of Salakhua P.S. Case No. 146/16, subject to the condition that petitioner will

Patna High Court Cr.Misc. No.5730 of 2017 (2) dt.03-03-2017 3/3 appear before the learned court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is further subject to the condition that if the petitioner is involved in an offence of similar nature in future, his bail bonds will be liable to be cancelled.

(Nilu Agrawal, J) Rajesh/- U T