Ram Niwas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7528 of 2020 Arising Out of PS. Case No.-560 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAM NIWAS YADAV Son of Suresh Yadav Resident of Village-Rajapur, P.S.-Mufassil (Singhaul O.P.), District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-05-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that while the informant was going to Dalan, accused person pointed pistol but it did not fire and the accused person fled away and when informant entered into his house, he saw dead body of his father,

Patna High Court CR. MISC. No.7528 of 2020(3) dt.29-05-2020 2/3 mother and sister lying on the floor.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.10.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in the present case in the restatement of the informant in course of investigation. Reason for not naming the petitioner in the F.I.R. by the informant has not been assigned. The main allegation is against the co-accused namely Vikas Kumar @ Vikas Singh. No specific overt act is alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Mufassil (Singhaul O.P.) P.S. Case No. 560 of 2019. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.7528 of 2020(3) dt.29-05-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T