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Patna High CourtCR. MISC./16225/2015bail granted

Saldar Yadav @ Saldhar Yadav @ Shailendra Yadav v. The State Of Bihar

2015-06-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16225 of 2015 Arising Out of PS.Case No. -257 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ====================================================== Saldar Yadav @ Saldhar Yadav @ Shailendra Yadav, son of Late Gore Yadav, Resident of Village Bhawanipur, P.S. Gopalpur (Rangra), District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Amrendra Kumar, Advocate For the Opposite Party: Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 The petitioner is languishing in custody since 20.02.2015 in connection with Gopalpur (Rangra) P.S. Case No. 257 of 2014 for the offences instituted under Sections 302 and 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 03.08.2014 at 5 O' clock in the morning while the informant was sitting at his Basha, he heard the sound of firing and ran towards where firing was done. Thereafter he found that accused persons including the petitioner were fleeing away towards the field of maize crop brandishing the pistols in their hands. Thereafter he found his father lying dead in the field.

Patna High Court Cr.Misc. No.16225 of 2015 (2) dt.09-06-2015 2/2 It has been submitted on behalf of the petitioner that the informant is not an eye-witness to the occurrence and only allegation against the petitioner is that the petitioner was seen running away from the place of occurrence. It has further been submitted that other accused persons, namely, Sunil Yadav and Bikki Yadav, have been granted bail by a Bench of this Court vide Cr. Misc. No.5431 of 2015. It has further been submitted that the petitioner has got no criminal antecedent and he is in custody since 20.02.2015.

It has been submitted on behalf of the State that there is direct allegation against the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia at Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 257 of 2014, G.R. No. 904 of 2014.

(Sudhir Singh, J) B.T/- U T