Jay Jay Ram Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.7035 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7035 of 2017 Arising Out of PS.Case No. -537 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Jay Jay Ram Yadav, Son of Faudar Yadav, Resident of Nanhku Mandal Tola, Police Station - Khagaria (Muffasil), District - Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Khagaria (Muffasil) P.S. Case No. 537 of 2015, registered under Sections 147, 148, 149, 448 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that, in the night of 13.08.2015, eight persons named in the F.I.R. including the petitioner entered in the house of the informant, Kari Devi, and surrounded her and her husband, who were sleeping on the bed. Rajaram Yadav and Rajendra Yadav caught hold her husband on the order of Gulab Yadav, whereas Famind Yadav pressed the mouth of husband of the informant. Thereafter, Nako Yadav @

Patna High Court Cr.Misc. No.7035 of 2017 (2) dt.09-03-2017 Navin Ydav and Dhutharu Yadav @ Dhuto Yadav, shot fire at the husband of the informant causing injury at his chest, due to which, her husband died.

Learned counsel for the petitioner submits that petitioner and the informant are co-villagers and due to dirty village politics petitioner has falsely been implicated in this case with ulterior motive. It is further submitted that while the petitioner is named in the F.I.R. along with 10 others but no specific overt act has been attributed against him. Further submission is that petitioner has no criminal antecedent and is in custody since 19.12.2016.

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, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No. 537 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T