Ramudgar Yadav @ Ram Udgar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7210 of 2017 Arising Out of PS.Case No. -30 Year- 2014 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Ramudgar Yadav @ Ram Udgar Yadav, Son of Kapileshwar Yadav @ Kapleshwar Yadav @ Kapleswar Yadav, Resident of Village- Bishahariya, Police Station- Ghoghardiha, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2017 Heard leaned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 23.08.2016 in connection with Ghoghardiha P. S. Case No. 30 of 2014 (G.R. No. 664 of 2014) for offences punishable under Sections 341, 323, 447, 307, 504/34 of the Indian Penal Code and 27 Arms Act. The prosecution case as lodged by the informant is that the petitioner with other co-accused came to his house and started abusing. The petitioner opened fire but due to intervention with the villagers and neighours, he was not hit and the petitioner managed to flee away.

It has been submitted by the learned counsel for the petitioner that he is innocent and no injury has been caused on the informant. He submits that charge sheet has already been

Patna High Court Cr.Misc. No.7210 of 2017 (2) dt.20-02-2017 2/2 submitted, hence there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail.

Considering the facts and circumstances of the case, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jhanjharpur, DistrictMadhubani in connection with Ghoghardiha P. S. Case No. 30 of 2014, G.R. No. 664 of 2015 subject to the condition that the petitioner is directed to appear before the police/Court as and when required and failure to appear before the Court below when required on two consecutive dates without assigning any reason will entail cancellation of his bail bond.

(Nilu Agrawal, J) Sudha/- U T