Guddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81639 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- GOGRI District- Khagaria ====================================================== GUDDU YADAV, S/O Nawal Yadav @ Kishore Chandra Yadav, R/O villageRawari Nagar (Paura) Ward No. 7, O.P.- Paura, P.S.- Gogari, DistrictKhagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Kumar Singh For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 447, 506/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that on the basis of written report of informant Niwas Yadav alleging therein that on 08.05.2019 at about 6.30 A.M. while he was putting soil at his door, coaccused Nawal Yadav put objection on which he told that he was cutting earth of his land. It is further alleged that co-accused Nawal Yadav asked his son Guddu Yadav to bring rifle and kill. In the meantime, petitioner Guddu Yadav came with rifle and pistol, handed over rifle to Nawal Yadav and himself made
Patna High Court CR. MISC. No.81639 of 2019(2) dt.18-12-2019 2/3 firing by pistol as a result of which Aman Yadav sustained injury at his mouth and cartridge sticked in his neck. It is further alleged that Nawal Yadav made air firing from rifle. It is further alleged that co-accused Wakil Yadav ordered his son Budhan Kumar alias Alok Kumar to make firing on which Budhan Kumar made firing which hit at left leg of informant. It is further alleged that co-accused Harichandra Yadav told him sons Fudo Kuamr alias Dilip Kumar and Laltun Yadav to make firing on which they made firing which hit on the ring finger of Bilash Yadav. It is further alleged that the petitioner and co-accused Masudan Yadav and Nitish Yadav came at his house and made indiscriminate firing.
Learned counsel for the petitioner submits that the petitioner is in custody since 30.06.2019 and has got no criminal antecedent. The injury report of Aman Kumar Yadav @ Aman Yadav shows injury is simple in nature. The co-accused have been granted anticipatory bail by the Co-ordinate Bench of this court vide order dated 16.11.2019 in Cr. Misc. No. 56383 of 2019.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties
Patna High Court CR. MISC. No.81639 of 2019(2) dt.18-12-2019 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Gogari (Paura) P.S. Case No. 154 of 2019 corresponding to G.R. No. 1165/2019.
(Anjani Kumar Sharan, J) amitkumar/- U T