Jawahar Yadav vs The State Of Bihar
2021 Latest Caselaw 4087 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 12989 of 2021
        Arising Out of PS. Case No.-337 Year-2020 Thana- RAHUI District- Nalanda
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Jawahar Yadav, aged about 24 years, Gender-Male, Son of Late Shyam Sundar Yadav, Resident of Village Saidalli, PS- Rahui District- Nalanda.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :        Mr. Pramod Kumar Sinha, Advocate
 For the State            :        Ms. Rita Verma, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

06.08.2021, which was allowed.

3. Heard Mr. Pramod Kumar Sinha, learned counsel for

the petitioner and Ms. Rita Verma, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Rahui PS Case No. 337 of 2020 dated 22.09.2020, instituted under

Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code

and 27 of the Arms Act, 1959.

5. The allegation against the petitioner and five others is

of having threatened the informant earlier and thereafter, Patna High Court CR. MISC. No.12989 of 2021 dt.13-08-2021

specifically against the petitioner that he fired from the pistol on

the mother of the informant which scraped the upper part of her

head.

6. Learned counsel for the petitioner submitted that the

reason given for the occurrence is dispute relating to drainage as

the parties are neighbours and for the same incident, there is also a

counter case. It was submitted that though the allegation is that the

petitioner had fired from his pistol and the bullet had scraped the

head of the mother of the informant, but the injury report discloses

that there is only a lacerated wound on the head and the doctor has

opined that it was simple in nature caused by hard and blunt

substance. Learned counsel submitted that there is no other

criminal antecedent of the petitioner. Further, it was submitted that

there has been no recovery of any firearm or empty cartridge to

substantiate the claim that the petitioner had used any firearm.

7. Learned APP submitted that as per the allegation, the

petitioner had fired from his pistol and the bullet had caused

injury on the head of the mother of the informant.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, as there is

indication that there may have been some fight between the two

sides since in the FIR itself, it has been stated that there was old Patna High Court CR. MISC. No.12989 of 2021 dt.13-08-2021

enmity relating to drainage and the injury report of the mother of

the informant showing only simple injury caused by hard blunt

substance and there being a counter case as also the petitioner

having no criminal antecedent, the Court is inclined to allow the

prayer for bail.

9. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the petitioner be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned Chief Judicial Magistrate,

Nalanda at Biharsharif in Rahui PS Case No. 337 of 2020, subject

to the conditions laid down in Section 438(2) of the Code of

Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the petitioner, (ii) that the petitioner and

the bailors shall execute bond and give undertaking with regard to

good behaviour of the petitioner and (iii) that the petitioner shall

co-operate with the Court and police/prosecution. Any violation of

the terms and conditions of the bonds or the undertaking or failure

to co-operate shall lead to cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.12989 of 2021 dt.13-08-2021

action on the same after giving opportunity of hearing to the

petitioner.

11. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T