Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69978 of 2021 Arising Out of PS. Case No.-192 Year-2012 Thana- FATEHPUR District- Gaya ====================================================== Umesh Yadav Son of Late Babulal Yadav Resident of Village- Rato, P.S.- Fatehpur, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-10-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Fetehpur P.S. Case No. 192 of 2012 lodged under Sections 147, 148, 323, 504, 307, 302 of the I.P.C. read with Section 27 of the Arms Act.
As per the prosecution case, the informant has disclosed that she has visited with her husband for treatment and when they were returning to their village then all of a sudden 56 persons surrounded them. All persons were kept Tangi and Pasuli in their hand. It has been stated that Bishundhari Yadav, the order giver and on which Raju Yadav fired on the petitioner. The allegation against the petitioner and one other Raju Yadav is
Patna High Court CR. MISC. No.69978 of 2021(4) dt.13-10-2022 2/3 to assault informant and her mother-in-law and throw them near road in result both fell down. The further allegation is again made against Raju Yadav that he fired first gun shot and then allegation is against Umesh Yadav also to make fire. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that as per specific allegation at the first instance, upon the present petitioner is to give blow to the informant and her mother-in-law due to which they fell down. Learned counsel for the petitioner has annexed post-mortem report which is at page19 in which fired arm injury was found on the chest alleged to be fired by Raju Yadav. Learned counsel for the petitioner submits that petitioner is in custody since 19.
12.2020, charge sheet has already been filed as well as charge has been framed. He has one criminal case pending against him. He is ready to fulfill all the conditions whatsoever shall be imposed upon him. Learned counsel for the State opposes the prayer for bail and submits that in the F.I.R. latter part, the allegation of firing is also against Umesh Yadav.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.69978 of 2021(4) dt.13-10-2022 3/3 the satisfaction of learned Court of Addl. Sessions Judge-IGaya in connection with Fatehpur P.S. Case No. 192 of 2012, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) prakashmani/- U T