Patna High Court
Kedar Yadav vs The State Of Bihar on 26 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37727 of 2020
Arising Out of PS. Case No.-93 Year-2020 Thana- SIKANDRA District- Jamui
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1. Kedar Yadav, aged about 58 years, Male.
2. Gorelal Yadav, aged about 56 years, Male, both Sons of Late Somar Yadav
@ Somar Gope, Resident of Village - Darkha, PS - Sikandra, District -
Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate
For the State : Mr. Arun Kumar Singh No. 5, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 26-08-2021
The matter has been heard via video conferencing.
2. Heard Mr. Prabhat Ranjan Singh, learned counsel for
the petitioners and Mr. Arun Kumar Singh No. 5, learned
Additional Public Prosecutor (hereinafter referred to as the 'APP')
for the State.
3. The petitioners apprehend arrest in connection with
Sikandra PS Case No. 93 of 2020 dated 09.05.2020, instituted
under Sections 147, 148, 149, 447, 341, 323, 307, 324 of the
Indian Penal Code and 27 of the Arms Act, 1959.
4. The allegation against the petitioners and others is of
assaulting the informant who had gone to plough his field and in
which one person has received gunshot injuries.
5. Learned counsel for the petitioners submitted that in
the FIR, the allegation against them is general and omnibus of
Patna High Court CR. MISC. No.37727 of 2020 dt.26-08-2021
firing but without any injury caused to any person since the only
injury, which has been caused to the victim Suresh Kumar, who
was the brother of Dhaneshwar Prasad, who is said to be the
owner of the land in question, is specifically attributable to co-
accused Upendra Singh @ Upendra Prasad Singh. It was
submitted that against the petitioners it is only stated that they
were armed with countrymade pistol and firing from the same.
Learned counsel submitted that the petitioners have no other
criminal antecedent.
6. Learned APP submitted that as per the allegation, the
petitioners also had countrymade pistol in their hand and had
resorted to firing. However, it was not controverted that no injury
is alleged to have been caused to any person from such firing.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, there
being only general and omnibus allegation of petitioners firing
from their countrymade pistol without there being any injury
caused and further they not having any other criminal antecedent,
the Court is inclined to allow their prayer for pre-arrest bail.
8. Accordingly, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs. 25,000/-
Patna High Court CR. MISC. No.37727 of 2020 dt.26-08-2021
(twenty five thousand) each with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate, 1st
Class, Jamui in Sikandra PS Case No. 93 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 petitioners, (ii) that the petitioners and the
bailors shall execute bond and give undertaking with regard to
good behaviour of the petitioners and (iii) that they 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 their bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions by the petitioners, to the
notice of the Court concerned, which shall take immediate action
on the same after giving opportunity of hearing to the petitioners.
10. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
