Rabin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66992 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- PASRAHA District- Khagaria ====================================================== Rabin Yadav, Male, aged about 38 years, Son of Lalo Yadav, Resident of Village - Piparpanti, P.S.- Pasraha, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Pasraha P.S. Case No. 155 of 2018 registered for the offences punishable under Sections 147, 148, 149, 448, 341, 307, 504, 427 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that two months prior to the alleged occurrence, Shailendra Yadav, Rabin Yadav and Lalo Yadav in drunken state of mind broken the glass of Tempo of cousin brother of the informant for which Panchayati was held and compensation was agreed to be paid to Yugesh Yadav but when compensation was not paid then he went to demand money from them. In the same resentment, the petitioner along with ten other F.I.R. named co-accused persons variously armed with deadly weapons surrounded his house and co-accused Shiv Yadav ordered to

Patna High Court CR. MISC. No.66992 of 2019(2) dt.06-11-2019 2/2 kill him that he is cousin of Yugesh Yadav. Thereafter, petitioner and co-accused Ravin Yadav fired upon him by their respective pistol which it him in his thigh. He was admitted in hospital. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner and other co-accused Shailendra Yadav is alleged to have fired upon the victim. Only one firearm injury is found on the left side of thigh of the informant. The petitioner be released on bail after completion of six months in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. In the facts and circumstances of the case, let the petitioner above named be released on bail after completion of six months in custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Pasraha P.S. Case No. 155 of 2018.

(Anjani Kumar Sharan, J) Nasimul/- U T