Gopal Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9777 of 2016 Arising Out of PS.Case No. -135 Year- 2014 Thana -PARWATTA District- KHAGARIA ======================================================

1. Gopal Yadav

2. Bijay Yadav, Both sons of Late Gaina Yadav @ Genda Lal Yadav, Both resident of Village- Lagar Chhoti, P.S. Parbatta District Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 18-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Parbatta P.S. Case No.135 of 2014/G.R. No.1208 of 2014 registered under Sections 147, 148, 149 and 307 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that 15 persons, named in the F.I.R., including the petitioners armed with gun, rifle and three nut came at the field of the informant and, thereafter, co-accused Munna Yadav opened fire from his gun causing firearm injury at the chest of Manohar Yadav, the brother of the informant, and also causing firearm injuries at the legs of the informant, Sintu Yadav, another

Patna High Court Cr.Misc. No.9777 of 2016 (2) dt.18-04-2016 2/2 brother of the informant and the father of the informant. Learned counsel appearing on behalf of the petitioners submits that while the petitioners are named in the F.I.R. alongwith 13 others but the specific allegation of making firing is against the co-accused Munna Yadav which caused firearm injuries at the informant, his brothers and father. Further submission is that the similarly situated five co-accused, namely, Shyam Yadav, Fucho Yadav alias Kumar, Indradeo Yadav, Folti Yadav alias Falti Yadav and Chandradeo Yadav have already been granted anticipatory bail by a Bench of this Court vide order dated 20.03.2015 passed in Criminal Misc. No.41389 of 2014.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Khagaria, in connection with Parbatta P.S. Case No.135 of 2014/G.R. No.1208 of 2014, subject to the conditions laid down under Section 438(2) Cr. P.C.

(Rajendra Kumar Mishra, J) P.S./- U T