Bikram Yadav @ Bikash Kumar @ Bikkam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2448 of 2016 Arising Out of PS.Case No. -71 Year- 2014 Thana -HALSI District- LAKHISARAI ====================================================== Bikram Yadav @ Bikash Kumar @ Bikkam Yadav, son of Dinesh Yadav @ Dinesh Kumar, resident of village-Gulni, P.S. Halsi, District Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Navin Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report on the accusation that he along with others made indiscriminate firing causing firearm injury to deceased. The informant as well as her son claimed themselves to be eye witness of the alleged occurrence. The post mortem report of the deceased reveals that altogether five firearm injuries were found on the person of the deceased but learned counsel for the petitioner referred para-24 of the case diary, in which the statement of witness, namely, Vikash Kumar, who happens to be son of the informant, has been recorded, and submits that aforesaid witness has not taken the name of the petitioner and specifically stated that it was coaccused, Parmeshwar Yadav, who shot fire on the deceased and

Patna High Court Cr.Misc. No.2448 of 2016 (3) dt.19-02-2016 2/2 having sustained firearm injury, his father fell down on the earth and after that Dinesh Yadav, Munshi Yadav and others opened fire on the deceased.

It is contended by learned counsel for the petitioner that had the petitioner participated in the alleged crime, the aforesaid witness would have certainly named the petitioner. It is further contended by him that moreover, having more or less similar allegation, co-accused, Munshi Yadav has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 09.06.2015 passed in Cr. Misc. No. 15850 of 2015. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 learned Judicial Magistrate 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 71 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T