Vishundeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57434 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- NARDIGANJ District- Nawada ====================================================== VISHUNDEO YADAV S/o Ramotar Yadav R/o village- Jagdishpur, P.S.- Nardiganj, District- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioner apprehends his arrest in Nardiganj P.S. Case No.34 of 2019 registered under Sections 341, 323, 307, 326, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

In sum and substance, the informant alleged that he heard sound of quarreling and went to the place of occurrence. The informant saw that Brahmdeo Yadav and Surendra Yadav were quarreling with each other for flow of drainage water. The informant went there to pacify the quarreling but Vinod Yadav, son of the petitioner, opened firing on the wrist of the right hand of the informant. Vinod Yadav again fired which hit on the leg of a woman standing there.

The learned counsel for the petitioner submits that petitioner is of course named in the F.I.R. but nothing has been alleged against the petitioner. Brahmdeo Yadav and Surendra Yadav were quarreling. Vinod Yadav, son of the petitioner, is alleged to have made firing causing injury to the informant and

Patna High Court CR. MISC. No.57434 of 2019(2) dt.18-09-2019 2/2 a lady. Similarly situated Surendra Yadav and Raghuveer Yadav have already been granted anticipatory bail by order dated 18.07.2019 passed in Cr. Misc. No.44140 of 2019. From the facts, it appears that of course the petitioner is named in the F.I.R. but no overt act is alleged against the petitioner. Only the son of the petitioner, Vinod Yadav, is alleged to have made two firing causing injury on the wrist of the right hand of the informant and on the leg of a woman. Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 Deepak Kumar, J.M. 1st Class, Nawadah in connection with Nardiganj P.S. Case No.34 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.