Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54849 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== SANJAY YADAV S/o Chandu Yadav Resident of Village- Madhurapur, P.S.- Kawakol, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 24.4.2019 in a case registered for the offences punishable under Sections 384,307 and 341/34 of the I.P.C. and Sections 25(1-B), 26 and 27 of the Arms Act The prosecution case is that on 17.4.2019 while the husband of the informant was separating wheat corn from the chaff in his agricultural field when co-accused Satyendra Yadav, the petitioner and co-accused Bhushan Yadav and Binit Bishwakarma came and demanded 400 kilograms wheat as extortion and on protest being made, co-accused Satyendra Yadav fired by pistol on the chest of informant's husband, petitioner fired by pistol on the lower part of abdoman of the informant's husband whereas co-accused Bhushan Yadav fired

Patna High Court CR. MISC. No.54849 of 2019(3) dt.20-11-2019 2/2 by pistol on the knee of the informant's husband. It is submitted by learned counsel for the petitioner that the thrust of accusation is against co-accused Satyendra Yadav. It is further submitted that the investigation has already been concluded. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioner.

Considering the fact that there is no final opinion on record with regard to the injury caused by the petitioner to the husband of the informant and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period in custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Nawada in connection with Kawakol P.S. Case No.110 of 2019. (Dinesh Kumar Singh, J) anil/- U