Ugo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22243 of 2018 Arising Out of PS.Case No. -212 Year- 2017 Thana -PARWATTA District- KHAGARIA ====================================================== Ugo Yadav, Son of late Yadav Resident of Village-Khairadih, P.S.-Parbatta, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Parbatta P.S. Case No. 212 of 2017, G.R. No. 1782 of 2017 for offences punishable under Sections 147, 148, 149, 342, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as lodged by the informant, is that nine persons including the petitioner came variously armed with pistols and fired upon the informant. Specific allegation is upon the petitioner to have fired which hit the informant on his right leg.

Patna High Court Cr.Misc. No.22243 of 2018 (2) dt.19-04-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, both parties are agnates and there was a land dispute which was the reason for the said occurrence. He submits that the injury found on the informant has been opined to be simple in nature and all the other co-accused has since been granted the privilege of bail by the learned court below itself. The petitioner undertakes to cooperate with the investigation and not to tamper with the evidence. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Khagaria in connection with Parbatta P.S. Case No. 212 of 2017, G.R. No. 1782 of 2017, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in

Patna High Court Cr.Misc. No.22243 of 2018 (2) dt.19-04-2018 3/3 future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds. (Nilu Agrawal, J) Devendra/- U T