Ram Bhajan Yadav @ Bhajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61169 of 2018 Arising Out of PS. Case No.-695 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Ram Bhajan Yadav @ Bhajan Yadav S/o Sri Gopal Yadav, Resident of Village- Pathak Bigha, Dharampur, P.S. Dobhi, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-11-2018 Petitioner prays for bail in connection with Sherghati (Dhobi) P.S. Case No. 695 of 2017 registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per FIR is that while informant was going by motorcycle through Singh Pokhar Nahar Road one Splendor motorcycle intercepted his motorcycle and one of the miscreants asked him as to why he got the Mahua flower seized by the police and when he tried to pacify them, one of them has fired twice on him, causing injury on his neck and another injury to his friend Ajay Chaudhary on his right arm and they fled away.

Submission of learned counsel for the petitioner is that petitioner is not named in the FIR and later on he was

Patna High Court Cr.Misc. No.61169 of 2018(4) dt.29-11-2018 2/3 arrested in connection with other case and it is said that he has confessed his guilt and that apart there is nothing against him and he was not put on T.I.parade and though he is in custody since 5.3.2018 and furthermore there is no recovery from his possession and injury is simple in nature.

Heard learned APP also, who has opposed the prayer for bail stating that one witness has seen the petitioner going towards the place of occurrence and thereafter he heard sound of firing and saw the informant and another person in injured condition and thereafter one spy had reported to the police that earlier informant got the mahua flower of the petitioner seized by the police and due to that the occurrence has taken place and apart from that there is confession of the petitioner. Having heard both sides and in the facts and circumstances and considering the period of custody and injury is simple in nature, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati (Dhobi) P.S.Case No. 695 of 2017, G.R. No. 2481 of 2017, subject to the condition that one of the bailors shall be a local person having

Patna High Court Cr.Misc. No.61169 of 2018(4) dt.29-11-2018 3/3 sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T