Jiwachh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.603 of 2022 Arising Out of PS. Case No.-480 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== JIWACHH YADAV Son of Nandan Yadav Resident of Village - Sihma , P.S.- Bithan, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Barauni P.S. Case No. 480 of 2018 registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 13.04.2021, charge-sheet has been submitted in the case and has antecedent of four cases and the informant alleges that while he was attending a cremation the named accused persons including the petitioner came and fired

Patna High Court CR. MISC. No.603 of 2022(2) dt.23-05-2022 2/3 and he sustained injury on his palm by firing made by Mukesh and Gorkha, further petitioner also fired with other co-accused but missed the informant.

The learned counsel submits that the petitioner has been falsely implicated in the present case because of his antecedents and as far as allegation of causing injury on the palm of the informant is concerned that is by Mukesh and Gorkha. It is next submitted that petitioner is alleged to have fired but missed the informant as such no injury was caused by the firing of the petitioner.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 13.04.2021, charge-sheet has been submitted in the case and no injury was caused by his firing, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barauni P.S. Case No. 480 of 2018 with a condition that one of the bailor shall be the father of the petitioner Nandan Yadav. Further if the learned court below comes to a

Patna High Court CR. MISC. No.603 of 2022(2) dt.23-05-2022 3/3 conclusion that the petitioner after his release is trying to delay the trial of the case in any manner, the court below shall forthwith cancel his bail bonds after recording reasons. (Satyavrat Verma, J) shahzad/- U T