IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70870 of 2021

Arising Out of PS. Case No.-225 Year-2020 Thana- ASHTHAWAN District- Nalanda

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Sunil Yadav, Son of Balak Yadav @ Rambalak Yadav R/o- Village -

Asthawan, P.S. - Asthawan, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Shambhu Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2

25-05-2022

Heard learned counsel for the parties.

Let the defect(s) be removed within four weeks of the

complete start of the physical Court in normal course.

The petitioner is in judicial custody in connection

with Ashthawan P.S. Case No.226/2020 instituted under

Sections 341, 323, 325, 307/34 of the Indian Penal Code and 27

of the Arms Act.

The allegation in the FIR is that due to construction of

toilet on the Government road, there was dispute between the

informant’s side and the accused persons whereafter upon the

order given by the petitioner herein, accused Gorelal Yadav

opened fire which hit the ear of the informant’s husband who

fell down on the ground and became unconscious.

Learned counsel for the petitioner submits that there is

case and counter case in the matter for the same occurrence and

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even taking the allegation as stated in FIR, it has been

specifically stated that accused Gorelal Yadav opened fire which

hit the ear of the informant’s husband. He further submits that

the said Gorelal Yadav is in jail and for the release of same, Cr.

Misc. No.26420/2022 has been preferred. He submits that his

role has been attributed in the FIR as that of an order giver for

which he has remained in jail since 27.07.2021 (as stated in

para-11 of the bail application). He lastly submits that he has no

criminal antecedent.

Considering the fact that specific allegation has been

made against accused Gorelal Yadav of having opened fire

which hit the ear of the informant’s husband, who according to

learned counsel for the petitioner is in jail, he has no criminal

antecedent and is in jail since 27.07.2021, this Court is inclined

to grant him privilege of bail.

Let the petitioner be released on bail on furnishing

bail bond of Rs.10,000/-(Rupees Ten Thousand) with two

sureties of the like amount each in connection with Ashthawan

P.S. Case No.226/2020 to the satisfaction of learned Judicial

Magistrate,Ist Class, Nalanda/sucessor court, subject to

following conditions:

(i) one of the bailor should be the family member of

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the petitioner, who shall provide official document to show

his/her bona fide;

(ii) the petitioner shall appear on each and every date

before the Trial court and failure to do so for two consecutive

dates without plausible reasons will entail cancellation of his

bail by the Trial court itself;

(iii) the petitioner shall in no way try to induce or

promise or threat the witnesses or tamper with the evidence,

failing which the State shall be at liberty to take steps for

cancellation of his bail bonds;

With the aforesaid observations, the bail application is

allowed.

Prakash Narayan /-

(Rajiv Roy, J)

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