In a criminal matter involving multiple IPC sections and the Arms Act, the Patna High Court granted regular bail to the petitioner who was in judicial custody, directing him to furnish a bond of Rs.10,000 with two sureties.
Petitioner enlarged on bail on 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.7870 of 2023
Arising Out of PS. Case No.-132 Year-2022 Thana- SHANKARPUR District- Madhepura
======================================================
SANJAY YADAV S/o- Late Bindeshwari yadav, Resident of village- Kalhua, Jharkaha, P.S.- Shankarpur, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Ranjan For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 12-04-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 447, 323, 307, 379, 427, 384, 386, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.
As per prosecution case, while the informant was ploughing his land by tractor, in the meantime, the accused persons including the petitioner armed with variously weapons came and started assaulting the informant as well as his driver. The accused petitioner fired upon the informant but not hit anyone and the accused persons also taken away the tractor of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a
Patna High Court CR. MISC. No.7870 of 2023(2) dt.12-04-2023 2/2
dispute in respect of land between the parties due this reason the petitioner has falsely been implicated in this case. From perusal of FIR, the allegation has been made against the petitioner is of firing upon the informant but not hit anyone. It is further submitted that the tractor which has taken away by the accused persons was recovered from house of co-accused namely, Sateyndra Yadav. The petitioner has got no criminal antecedent and languishing in judicial custody since 14.10.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shankarpur P.S. Case No. 132 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Madhepura.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in the light of the facts disclosed by the FIR.
Is the lifting of the tractor by the accused persons a mitigating circumstance justifying bail.
Sanjay Yadav
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
