Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69611 of 2019 Arising Out of PS. Case No.-496 Year-2018 Thana- RAJAON District- Banka ====================================================== Shankar Yadav, aged about 59 years, Male, Son of Narayan Yadav, Resident of Village - Ghuthia, P.S.- Rajoun, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Yadav, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Rajoun P.S. Case No. 496 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Sections 3⁄4 of the Explosive Substance Act.

The prosecution story, in short, is that on 13.12.2018 at about 9:30 A.M., the informant was sitting at his bathan and at that time, this petitioner along with other accused persons came there and at the order of one Shramdeo Yadav, Chandan Yadav and Kundan Yadav pelted bomb at the informant in which the informant was badly injured. It is further stated that the accused Raj Kishore also pelted bomb over the informant and the informant was then seriously injured and he felt down on the ground. This petitioner was also a

Patna High Court CR. MISC. No.69611 of 2019(2) dt.19-11-2019 2/2 member of the bom. Thereafter, he was taken to the hospital from where he was referred to Bhagalpur for better treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submits that there is land dispute between the petitioner and the informant and there is no specific allegation against the petitioner. He further submits that the name of this petitioner is given in this case as he is a witness in Rajaoun P.S. Case No.364 of 2017, which is filed against the prosecution party. Learned counsel for the petitioner further submits that the petitioner has got no criminal antecedent.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, 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, Banka in connection with Rajoun P.S. Case No. 496 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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