Neeraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57605 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== NEERAJ YADAV Son of Rajendra Yadav Resident of Village - Banahi, P.S.- Shahpur, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Arrah Rail P.S. Case No.67 of 2018 registered under Sections 147, 148, 149, 307 and 506 of the Indian Penal Code besides Sections 27/25(1-b)a and 26 of the Arms Act. The accusation is that in the morning of 18.08.2018, the informant Monu Yadav along with his uncle Krishna Kumar Yadav reached at Banahi Railway Station to pickup the train for going to Arrah. At that time, five persons, named in the F.I.R., including the petitioner, borne on two motorcycles, came there and, thereafter, Tunu Yadav and Radha Mohan Yadav caught hold of his hand and started to drag him. In the meantime,

Patna High Court CR. MISC. No.57605 of 2019(2) dt.13-09-2019 2/3 Kamlesh Yadav took pistol from his waist and with an intention to kill the informant shot fire at him but the same was missed, then Rakesh Kumar alias Bullet Yadav and this petitioner took pistol from their waist and shot fire from close range at the informant. The firing of Rakesh Kumar alias Bullet Yadav hit the back of the informant, whereas the firing of this petitioner hit his right hand and the informant fell on the ground. When the uncle of the informant rushed to save the informant, then Tunu Yadav and Radha Mohan Yadav caused blood oozing injury on his head through knife.

Learned counsel for the petitioner submits that while there is allegation against the petitioner in the F.I.R. that he shot fire at the informant through his pistol which hit at his right hand, whereas there is allegation against Rakesh Kumar alias Bullet Yadav that he shot fire at the informant from his pistol, which hit at his back but only one lacerated wound of inverted margin over the upper part of his chest was found, which is attributed to Rakesh Kumar alias Bullet Yadav. In fact, due to enmity, the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.57605 of 2019(2) dt.13-09-2019 3/3 arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Railway at Arrah, Bhojpur, in connection with Ara Rail P.S. Case No.67 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U