In Criminal Miscellaneous No.16518 of 2021, the Patna High Court granted regular bail to Om Prakash Yadav in a case involving armed assault. The petitioner was enlarged on furnishing a bond of Rs.10,000 with two sureties.
Petitioner enlarged on regular bail by furnishing a bond of Rs.10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16518 of 2021
Arising Out of PS. Case No.-133 Year-2018 Thana- PHULPARAS District- Madhubani
======================================================
OM PRAKASH YADAV S/o Suryanarayan Yadav @ Surya Narayan Yadav @ Suraya Narayan Yadav Resident of Village - Siswa Barhi, P.S. - Phulparas, District - Madhubani.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Kumari Shubham For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 23-11-2021
Heard learned counsel for the petitioner and the
State.
The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, the petitioner caused fire arms injury on the arms of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute between the parties. Injury in question has been caused on the non-vital part of the informant’s body. None of the witnesses have supported the prosecution case
Patna High Court CR. MISC. No.16518 of 2021(3) dt.23-11-2021 2/2
during investigation. He is in custody since 1.7.2019.
Considering the aforesaid facts and circumstances of the case and the period of custody, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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 Additional Sessions Judge, Jhanjharpur Madhubani in Sessions Trial No. 30 of 2020/Phulparas Police Station Case No. 133 of 2018.
(Prabhat Kumar Singh, J)
shashi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving Section 307 IPC and Section 27 Arms Act.
2 provisions across 2 enactments
Om Prakash Yadav
The State of Bihar
Prabhath Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
