Patna High CourtCR. MISC./23417/2015bail granted

Maheshwar Yadav v. The State Of Bihar

2015-08-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23417 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Maheshwar Yadav S/o Late Garvu Yadav resident of village - Mehadi Bigha, P.S. Chandi, Distt. - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner is in custody in a case registered under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in, brief, is that on 8.2.2015 in the morning when the informant went for call of nature, four accused persons tried to surround him, he fled away towards his house and conceal himself and saw accused Manoj Yadav, Maheshwar Yadav, Sarwan Yadav, Vijendra Yadav, Bulkan Yadav and Manu Yadav armed with rifle and Katta and searching him in his house, his sister, who was on the roof of the house replied that the informant has not come to the house, the accused

Patna High Court Cr.Misc. No.23417 of 2015 (3) dt.12-08-2015 2/2 persons abused his sister and on her protest accused Manoj Yadav on the order of Maheshwar Yadav fired at his sister and she died. On behalf of the petitioner, it is submitted that the petitioner is in custody since 9.2.2015.Charge sheet has been submitted in this case. As per prosecution itself, the petitioner is order giver. No injury has been attributed against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Hilsa at Nalanda in Chandi P.S.Case No.40/2015.

(Sudhir Singh, J) singh/- U T