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Patna High CourtCR. MISC./20815/2017bail granted

Premchand Kumar Yadav @ Bhola v. The State Of Bihar

2017-05-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20815 of 2017 Arising Out of PS.Case No. -29 Year- 2016 Thana -DEO District- AURANGABAD ======================================================

1. Premchand Kumar Yadav @ Bhola S/o Bhajan Yadav, Resident of Village- Bisrampur, P.S. Deo, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Deo P.S. Case No. 29 of 2016 instituted for the offence under Sections-302, 120B & other minor sections of the Indian Penal Code, 27 of the Arms Act, 17 CLA Act.

In the written report, it is alleged that Surendra Yadav, Umesh Yadav and seven unknown persons made indiscriminate firing by AK-47 causing instantaneous death of son-in-law of the informant.

It has been submitted on behalf of the petitioner that during investigation, one Nandlal Bhuiyan was arrested and he disclosed the name of the petitioner in his confessional statement. The aforesaid Nandlal Bhuiyan has been granted privilege of bail

Patna High Court Cr.Misc. No.20815 of 2017 (2) dt.08-05-2017 2/2 by a coordinate bench of this court by order dated 23-11-2016 passed in Cr. Misc. No. 40842 of 2016.

From the order of learned Sessions Judge also, it appears that name of this petitioner has been disclosed by Nandlal Bhuiyan in paragraph-55 of the case diary. Thereafter, confessional statement of this petitioner was recorded at paragraph-52 of supp. Case diary. The petitioner is said to be in custody since 18-02-2017.

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 Deo P.S. Case No. 29 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T