Gartu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11890 of 2019 Arising Out of PS. Case No.-466 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Gartu Yadav, Son of Late Sube Yadav 2.

Abinash Yadav, Son of Sri Gartu Yadav Both are resident of village- Taralahi, P.S- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are languishing in custody for the offences punishable under Sections 149, 342, 323, 504, 307, 302/34 of the Indian Penal Code.

According to FIR the informant is eye-witness of the occurrence. He saw that co-accused Prabhas Yadav fired from his pistol causing injury to the brother of the informant namely Sunil Singh, thereafter, co-accused Chandrahas Yadav fired causing injury at the forehead of Sunil Singh then the victim fell down and when the informant ran for rescue, the petitioners and others started firing.

Submission is that main allegation is against other

Patna High Court CR. MISC. No.11890 of 2019(3) dt.07-05-2019 2/2 named accused persons. Petitioners are in custody since 06.12.2018 and 05.12.2018 respectively.

On the other hand, learned counsel for the informant submits that allegation of firing is against the petitioners also and doctor has found seven firearm injury on the person of the deceased.

Considering the entire facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bahadurpur P.S. Case No. 466 of 2018, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Banti/Rajan U T