Batoran Yadav @ Anirudh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9970 of 2020 Arising Out of PS. Case No.-232 Year-2019 Thana- GOGRI District- Khagaria ====================================================== BATORAN YADAV @ ANIRUDH YADAV, aged about 44 years, Male, Son of Chichan Yadav @ Bhuneshwari Yadav, Resident of Village - Paura, P.S.- Gogri, Distt - Khagaria ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar, Adv.

For the State :

Mr. Abhay Kumar Roy, APP For the Informant :

Mr. Umesh Narayan Dubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner, the learned counsel for the informant and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Gogri (Paura) P.S. Case No. 232 of 2019, corresponding to G.R. No. 2000 of 2019. registered under Sections 147, 148, 149, 302, 307 and 506 of the Indian Penal Code and 27 of the Arms Act. The accusation is that Nilesh Yadav, brother of the informant, Niraj Yadav, was present at the house of his uncle, Bhutan Yadav. At that time 11 persons, named in the first information report, including the petitioner, having fire arms reached their and started to make indiscriminate firing while his uncle, Bhutan Yadav, did not sustain any injury, one fire hit to his brother Nilesh Yadav, who died in the way of

Patna High Court CR. MISC. No.9970 of 2020(2) dt.27-02-2020 2/2 hospital.

Submission is that while allegation has been made about indiscriminate firing by 11 named accused persons, including the petitioner, but, only one injury was found in the post mortem examination of the deceased. It is, further, submitted that Bablu Yadav, Dablu Yadav and Parsuram Yadav have already been allowed the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 61446 of 2019 on 24.01.2020. Further, submission is that the petitioner has no criminal antecedent and is in custody since 24.11.2019. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Gogri (Paura) P.S. Case No. 232 of 2019, corresponding to G.R. No. 2000 of 2019 to the satisfaction of the Chief Judicial Magistrate, Khagaria.

(Rajendra Kumar Mishra, J) Shamshad/- U T