Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7201 of 2019 Arising Out of PS. Case No.-543 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== SUBHASH YADAV S/o Amrendra Yadav Resident of village-Pariharpur (Tarha), P.S.-Saur Bazar, District-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 34 of the Indian Penal Coe and 27 of the Arms Act.

The prosecution case in brief is that while the informant with his father was returning from market, the accused persons restrained them in the way and started abusing and on protest, the informant's father was shot at, as a result of which, he fell down and died instantly.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-10-2018. Charge sheet has

Patna High Court CR. MISC. No.7201 of 2019(3) dt.23-04-2019 2/2 already been submitted. The petitioner has been falsely implicated in the present case. No injury is attributed against the petitioner. The main allegation is against the co-accused Kisto Yadav who is said to have fired upon the deceased. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 543 of 2018 (Baijnathpur O.P.). (Sudhir Singh, J) A.K.V.//- U T