Ravi Yadav @ Ravi Y v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76280 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== Ravi Yadav @ Ravi Y Son of Shree Parma Yadav Resident of Village-Chotka Majha, P.S.-Mairwa, District-Siwan at present Village-Phulwaria, P.SMairwa, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP For the Informant : Mr. Prashant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 341,323,307,302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the allegation in the FIR, the informant and the accused persons were Pattidar and there was dispute with respect to the immovable property as a result of which the petitioner is alleged to have obstructed the construction of RCC Road. It is further stated in the FIR that Dilip Yadav fired upon informant's brother Krishna Yadav causing injury on his head. Prayag Yadav also fired upon nephew of the informant namely, Manu Yadav causing injury on leg.

It is submitted by learned counsel for the petitioner that the allegations as leveled in the FIR are false and concocted.

Patna High Court CR. MISC. No.76280 of 2019(3) dt.02-12-2019 2/2 The allegation of assault by firearm is against Dilip Yadav and Prayag Yadav and not against this petitioner who is in custody since 27.06.2019 and has no criminal antecedent. It is submitted by learned counsel for the informant that although it is true that the allegation of assault by firearm is against Dilip Yadav and Prayag Yadav but the petitioner is also named in the FIR and has played active role in the assault. It is further submitted that Dilip Yadav is absconding. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the main allegation is against Dilip Yadav and Prayag Yadav and this petitioner is in custody since 27.06.2019, the Court is inclined to enlarge the petitioner on bail. Let the petitioner above named be enlarged 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 the learned Additional Chief Judicial Magistrate VII, Siwan in connection with Mairwa P.S. Case No. 9 of 2019. (Partha Sarthy, J) Prakash/- U