Budhu @ Budhu Yadav @ Baran Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51448 of 2015 (2) dt.21-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51448 of 2015 Arising Out of PS.Case No. -278 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== BUDHU @ BUDHU YADAV @ BARAN YADAV S/O RITU YADAV, RESIDENT OF VILLAGE - MANDILPUR, POLICE STATION - RAHUI, DISTRICT - NALANDA .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party/s : Mr. U.S.P Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Rahui P.S. Case No. 278 of 2015 registered under Sections 147, 148, 149, 341 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution is that 17 persons named in the F.I.R. including the petitioner armed with pistol surrounded the informant, Tulsi Yadav, and his two brothers, when his brothers tried to fled away towards marked then Mukesh Yadav shot fire at Hardeo Yadav, brother of the informant, who died at the spot. Learned counsel for the petitioner submits that it

Patna High Court Cr.Misc. No.51448 of 2015 (2) dt.21-12-2015 would appear from the F.I.R. that the petitioner is said to be the only members of mob and no specific overt act has been alleged against him. It is further submitted that petitioner is in custody since 12.08.2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Rahui P.S. Case No. 278 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T