Ravi Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.55712 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55712 of 2015 Arising Out of PS.Case No. -153 Year- 2015 Thana -KASIMBAZAR District- MUNGER ====================================================== Ravi Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashwani Kumar Sinha For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, namely, Ravi Yadav, is in custody in Kashim Bazar P.S. Case No. 153 of 2015 under Sections 302, 379, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submitted that only allegation against the petitioner is that he was standing along with other co-accused persons. When uncle of the informant received there, the co-accused, Dasrath Yadav fired at him, who died. On the other hand, learned A.P.P. submitted that, in fact, all of them had taken part.

From perusal of the F.I.R., it appears that both the party i.e. informant party and the prosecution party were delaing

Patna High Court Cr.Misc. No.55712 of 2015 (2) dt.16-12-2015 with selling and purchasing of land and there was dispute in relaton to that. Further, it has been submitted that the direct allegation of firing by country-made pistol is against co-accused, Dasarath Yadav. So far as this petitioner is concerned, the only allegation is that he was standing along with the co-accused and even it was not found that he was carrying any weapon or not. Perused the F.I.R. The allegation is that the co-accused, Sk. Barister @ SK. Bairister @ SK. Balister, had fired causing grievous injury. So far as the present petitioner is concerned, there is no direct allegation that he fired and as a result of which caused injury.

Considering the fact and nature of allegation, I direct the petitioner, named above, to be released on bail on furnishing bail bond of Rs.5,000/- (Five Thousand Rupees) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger, connection with Kashim Bazar P.S. Case No. 153 of 2015.

(Mungeshwar Sahoo, J.) Brajesh/- U T