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Patna High CourtCR. MISC./5907/2020allowed

Suraj Yadav v. The State Of Bihar

2020-05-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5907 of 2020 Arising Out of PS. Case No.-170 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Suraj Yadav Son of Degan Yadav Resident of Village- Morkahi, P.S.- Muffasil, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with K.Asthan P.S. Case No. 170 of 2019 for the offence under sections 341, 342, 323, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits although the petitioner and the informant are co-villagers yet he has not been named in the FIR. In the FIR five persons have been named including the brother of the petitioner and other unknown.

The petitioner is in custody since 1.10.2019. Considering the fact that the petitioner and the informant are the co-villagers yet he has not been named by the

Patna High Court CR. MISC. No.5907 of 2020(4) dt.28-05-2020 2/2 informant as accused in the instant case, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Sudhanshu, Judicial Magistrate, 1st Class, Biroul, Darbhanga, in connection with K.Asthan P.S. Case No. 170 of 2019.

(Anil Kumar Upadhyay, J) Ravi/- U T