Patna High CourtCR. MISC./45947/2018bail granted

Ganesh Yadav v. The State Of Bihar

2018-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45947 of 2018 Arising Out of PS.Case No. -38 Year- 2008 Thana -GOGRI District- KHAGARIA ======================================================

1. Ganesh Yadav Son of Late Lalo Yadav, resident of VillageKanhaiyachak, P.S.- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections- 341, 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that both parties are on litigation term. It is alleged that in the backdrop of a land dispute, an altercation took place and accused persons opened fire upon the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-06-2018 and the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. There is case and counter case

Patna High Court Cr.Misc. No.45947 of 2018 (3) dt.13-09-2018 between the parties. The nature of injury is said to be simple. It has further been submitted that the petitioner may be released on bail after completion of six months in judicial custody. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R and the case is of the year, 2008.

Considering the aforesaid facts and circumstances of the case, it is directed that after completion of six months in judicial custody, the petitioner, above named, will be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III/concerned court, Khagaria in connection with Gogri P.S. Case No. 38 of 2008 corresponding to Sessions Trial No. 441 of 2011.

(Sudhir Singh, J) A.K.V./- U T