IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8980 of 2011
BIRENDRA YADAV
Versus
THE STATE OF BIHAR
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2 28.03.2011 Heard learned counsel for the petitioner
as well as learned Additional Public Prosecutor
for the State.
Admittedly, Tekari P.S. Case No.195 of
2010 was registered under bailable section
except section 27 of the Arms Act which was
applicable against co-accused Ramjanam Yadav. It
is pointed out by learned counsel for the
petitioner that after investigation police
submitted charge sheet under Section 307 and
other minor sections of the I.P.C. as well as 27
of the Arms Act. It is further pointed out by
him that there is allegation of giving Bhala
blow to informant against the petitioner, but as
a matter of fact no such injury has been found
by the doctor in course of examination of the
injured of this case, and moreover, there is
case and counter case between the parties.
From perusal of impugned order of
learned First Additional Sessions Judge, Gaya,
it appears that injured has received two injuries
on his chest and the learned Additional Sessions
2
Judge has observed that the aforesaid injuries
were dangerous to life, but Annexure-3 of this
petition reveals that at para-31 of the case
diary the nature of injury has not been
mentioned.
Moreover, it has not been stated by
learned Additional Sessions Judge, Gaya as to
under which circumstances the aforesaid injuries
became dangerous to the life of the informant.
Taking into consideration the above
stated submissions as well as facts and
circumstances of the case, let the petitioner,
namely, Birendra Yadav be released on bail on
furnishing bail bonds of Rs.10,000/-(Ten
Thousand) with two sureties of the like amount
each, to the satisfaction of Chief Judicial
Magistrate, Gaya in connection with Tekari P.S.
Case No.195 of 2010.
(Hemant Kumar Srivastava, J.)
PN