Patna High CourtCR. MISC./12303/2016bail granted

Surendra Yadav @ Surendra Prasad @ Surendra Prasad Yadav v. The State Of Bihar

2016-03-30Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12303 of 2016 Arising Out of PS.Case No. -125 Year- 2014 Thana -NIRMALI District- SUPAUL ====================================================== Surendra Yadav @ Surendra Prasad @ Surendra Prasad Yadav, S/o Kunjilal Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302, 307 & other minor sections of the Indian Penal Code and under Section-27 of the Arms Act.

The alleged occurrence appears to have taken place on account of land dispute and construction of house. Furthermore, it would appear from the first informant report that the petitioner and other FIR named accused went at the house of informant and started assaulting his family members and in that course, uncle of informant caught hold of the petitioner and, thereafter, co-accused Gajendra Yadav with an intent to get released the petitioner, opened fire on the deceased as a result of which, the deceased died then and there.

Patna High Court Cr.Misc. No.12303 of 2016 (2) dt.30-03-2016 2/2 Considering the above-said facts and circumstances of the case as well as submission of the parties, particularly, keeping in mind that the petitioner is not assailant of the deceased, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nirmali P.S. Case No. 125 of 2014 to the satisfaction of learned Sub Divisional Judicial Magistrate, Birpur (Supaul).

A.K.V./- (Hemant Kumar Srivastava, J) U T