IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43475 of 2010 NARESH YADAV Versus THE STATE OF BIHAR with Cr.Misc. No.39389 of 2010 RABEN YADAV & ORS Versus STATE OF BIHAR ----------- 2 19.01.2011 Heard learned counsels for the petitioners as well as learned counsel for the state. Both the above said cases arise out of the same case i.e. Saur Bazar P.S. Case No. 90 of 2010 registered under sections- 341, 323, 324, 307, 337, 452, 379/34 of the Indian Penal Code as also section 27 of the Arms Act and, accordingly, both the above-said applications are being disposed of by this common order. Petitioner in Cr. Misc. No. 43475 of 2010 and petitioner No. 8 of Cr. Misc. No. 39389 of 2010, went at the door of informant and pressurized him to withdraw the case but when the informant refused to buckle, the above-said petitioner No. 8 of Cr. Misc. No. 39389 of 2010 gave one Farsa blow on his head. In the meantime, rest petitioners of Cr. Misc. No. 39389 of 2010 also came there and petitioner in Cr. Misc. No. 43475 of 2010 opened fire as a result of which informant’s nephew namely, Ashok Yadav sustained fire-arm injury on his belly. It is further stated that rest petitioners started throwing stones and - 2 - also started assaulting the informant and his other family members and in that course, they entered the house of informant and committed theft. Learned counsel appearing in Cr. Misc. No. 43475 of 2010 submits that as per prosecution case itself, having sustained Fursa injury, the informant became unconscious. So, it is not possible for him to see the occurrence which had taken place. He further submits that that as a matter of fact, the petitioner of Cr. Misc. No. 43475 of 2010 has falsely been implicated by the informant after manufacturing the injury report of injured, Ashok Yadav. He also pointed out that a counter case has been lodged against the informant and others. Learned counsel appearing in Cr. Misc. No. 39389 of 2010 submits that there is omnibus allegation against petitioner Nos. 1 to 7 and so far as petitioner No. 8 is concerned, the informant has received simply injury on his head. Considering the above said submissions as well as this aspect of the matter that there is specific allegation against the petitioner in Cr. Misc. No. 43475 of 2010 that he opened fire causing fire-arm injury to injured, Ashok Yadav, I am not inclined to release him on bail. Accordingly, prayer for bail of the petitioner, Naresh Yadav (in Cr. Misc. No. 43475 of 2010) stands rejected. So far as petitioners, namely, Raben Yadav, Rajendra Yadav @ Rajeshwar Yadav, Tuntun Yadav, Suresh Yadav, - 3 - Dinesh Yadav, Pawan Yadav @ Pawan Kumar, English Yadav @ English Kumar and Narain Yadav (in Cr. Misc. No. 39389 of 2010) are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Sour Bazar P. S. Case No. 90 of 2010 to the satisfaction of Chief Judicial Magistrate, Saharsa. AKV/- (Hemant Kumar Srivastava,J.)