Kailash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2012 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- SONBERSA District- Saharsa ======================================================
1. KAILASH YADAV, Son of Parmeshwar Yadav.
2. Bishundev Yadav, Son of Parmeshwar Yadav.
3. Suresh Yadav, Son of Mahendra Yadav.
4. Dhanmun Yadav @ Dhunmun Yadav @ Tunmun Yadav, Son of Mahendra Yadav.
5. Munni Yadav, Son of Mahendra Yadav, all residents of Village- Banni Basa, Police Station- Sonbarsa Raj, District- Saharsa. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Single firearm injury was found in the postmortem report which was cause of death and that injury is alleged against co-accused Bijo Yadav to have caused by firearm. There is general and omnibus nature of allegation of commission of assault against petitioners also. Investigation of the case against petitioners is already complete. There is no material to
Patna High Court CR. MISC. No.2012 of 2020(2) dt.21-01-2020 2/2 substantiate that the petitioners are going to tamper with the evidence or abscond the process of law.
Considering the facts aforesaid, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonbarsa Raj Police Station Case No. 133 of 2019, subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.
(b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(c) The petitioners shall not leave the court without permission of the trial court.
(Birendra Kumar, J) Niraj Kumar U T