Navin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9245 of 2017 Arising Out of PS.Case No. -426 Year- 2014 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Navin Yadav, Son of Ramrati Yadav, Resident of Village- Latra, P.S.- Gopalpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2017 Heard both sides.

The petitioner seeks bail in Gopalpur P.S. case No. 426 of 2014 under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant, Shankar Kumar Choudhary, alleged that his elder brother, Pinku Choudhary @ Suman Kumar Sangam @ Ganesh Choudhary went on his motor cycle bearing registration No. BR-38F/ 0108 to Naugachhia. Bijay Kumar Singh was accompanying his brother. At about 7 in the evening the informant got information that his brother was shot dead. The informant went to the place of occurrence and found dead body of his brother with fire arm injuries on his chest and head. The informant suspected that since his brother solemnized marriage with daughter of Ajay Kumar Choudhary against his will, Ajay Kumar

Patna High Court Cr.Misc. No.9245 of 2017 (3) dt.12-04-2017 2/2 Choudhary and others might have killed his brother. The learned counsel for the petitioner submits that petitioner is not named in the FIR. During the course of investigation, none of the witness disclosed the name of petitioner. Local Chowkidar Brahmdeo Paswan and Gainu Tatwa disclosed that Navin Yadav, Gandhi Yadav and Sajan Singh shot dead Pinku Choudhary although the Chowkidars are not eye witnesses of the occurrence. Sajan Singh was apprehended and he is said to have confessed his guilt and disclosed the name of the petitioner. Save and except confessional statement of Sajan Singh, there is no other material against the petitioner. Sajan Singh has already been granted bail.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Naugachhia (Bhagalpur) in Gopalpur P.S. Case No. 426 of 2014 (G.R. No. 1495 of 2014).

(Prabhat Kumar Jha, J) BKS/- U T