Subodh Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13037 of 2017 Arising Out of PS.Case No. -474 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. Subodh Yadav, S/o Kapil Yadav , Resident of Village-Logain,

2. Fuska Yadav, S/o Opi Yadav @ Upendra Mandal R/o Village-Baja, Both Police Station-Amarpur (Fullidumar) District-Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2017 Heard learned counsel for the petitioners and the State. Petitioners seek bail in Amarpur (Fullidumar) P.S. Case No. 474 of 2016 instituted for the offence under Sections302, 307 & other minor sections of the Indian Penal Code, 27 of the Arms Act and 3⁄4 of Explosive Substances Act. As per written report, there is specific allegation against co-accused Jagdambi Panjiyara of causing fire-arm injury with rifle on cousin brother of the informant Sarjug Panjiyara near the temporal region on account of which, he died. It is also alleged that co-accused Julmi Panjiyara caused fire-arm injury with rifle in right hand of the informant.

There is general and omnibus allegation against these petitioners of making indiscriminate firing. During hearing of the

Patna High Court Cr.Misc. No.13037 of 2017 (2) dt.19-04-2017 2/2 bail petition, zerox copy of the postmortem report has been produced by the counsel for the petitioners wherein one injury on the temporal region has been found on the deceased and cause of death has been described due to the aforesaid injury caused by fire-arm.

In such circumstances, the prayer for bail is allowed and the petitioners named above, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Amarpur (Fullidumar) P.S. Case No. 474 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Banka subject to condition that both the bailors should be close relatives of the petitioners. (Sanjay Priya, J) A.K.V./- U T