Patna High CourtCR. MISC./11212/2015bail granted

Pahalwan Yadav @ Jainath Yadav v. The State Of Bihar

2015-05-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11212 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -BIHIYA District- BHOJPUR ======================================================

1. Pahalwan Yadav @ Jainath Yadav Son of Late Hira Yadav resident of Village - Belwania, P.S. - Bihea, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarveshwar Tiwary For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioner seeks regular bail in a case under section 302 and other allied sections of the Indian Penal Code. The informant named Bhorik Yadav alias Ajay Yadav, Arvind Paswan and petitioner Pahalwan Yadav @ Jainath Yadav and alleged that the accused persons along with others came at his Darwaza. Bhorik Yadav alias Ajay Yadav called the informant and thereafter Bhorik Yadav @ Ajay Yadav and Arvind Paswan opened firing. The informant got one fire arm injury in his abdomen.

It is submitted that there is no allegation of firing against the petitioner. Bhorik Yadav alias Ajay Yadav has already been enlarged on bail by a Bench of this Court vide order dated

Patna High Court Cr.Misc. No.11212 of 2015 (2) dt.14-05-2015 03.04.2015 passed in Criminal Misc. No. 33217 of 2014. Considering the fact that the petitioner is not the assailant of the deceased and no overt act is alleged against him and that the assailant has already been enlarged on bail, the above named petitioner Pahalwan Yadav @ Jainath Yadav is directed to be enlarged on bail on furnishing bail bond of Rs.s10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Arrah in connection with Bihia P.S. Case no. 93 of 2014. (Prabhat Kumar Jha, J) Amin/- U