Pulish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2428 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Pulish Yadav, son of Late Sumrit Yadav, resident of Village- Ratan, P.S.- Gogri, District- Khagaria.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Roshan Kumar Mishra, Advocate. For the State : Mr. Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 04-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Gogri P.S. Case No.157 of 2016/G.R. No.2148 of 2016 registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that when Hakru Yadav, the father of the informant, was returning to his house boarding on a motorcycle then, in the way, Nanhu Yadav alongwith Bucho Yadav and Sarjan Yadav came on motorcycle. At that time, Sarjan Yadav shot fire causing injury at the right hand of the father of the informant. Thereafter, Bucho Yadav also fired which

Patna High Court Cr.Misc. No.2428 of 2017 (2) dt.04-02-2017 2/2 caused injury at the head of the father of the informant. In that course, the petitioner alongwith four other persons, who were present there, also made firing at the father of the informant. Learned counsel appearing on behalf of the petitioner submits that the specific allegation of causing firearm injury to the father of the informant is against Sarjan Yadav and Bucho Yadav. The allegation against this petitioner is that this petitioner alongwith four others also fired at the father of the informant but in the post-mortem report of the deceased, the father of the informant, only two firearm injuries were found on his person. The petitioner having no criminal antecedent is in custody since 15.10.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate, Khagaria, in connection with Gogri P.S. Case No.157 of 2016/G.R. No.2148 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T