Satish Yadav @ Kari Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.27723 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27723 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -ALOULI District- KHAGARIA ====================================================== Satish Yadav @ Kari Yadav, S/o Solo Yadav (Pahalwan), Resident of Village-Alauli, P.S.-Alauli, District-Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Alauli P.S. Case No. 165 of 2016, registered under Sections 364, 302 and 120(b)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that 9 persons named in the F.I.R. including the petitioner armed with rifle, gun and pistol reached at the door of the informant and started to abuse and carrying her husband Rajesh Yadav. Thereafter, on the order of Ramanand Yadav, Dhramvir Yadav shot fire at the ear pit of the husband of the informant. The cause of occurrence is due to land dispute. Learned counsel for the petitioner submits that while

Patna High Court Cr.Misc. No.27723 of 2017 (2) dt.12-07-2017 petitioner is named in the F.I.R. but no specific overt act has been attributed against him rather the specific allegation is to shot fire at the husband of the informant against co-accused, Dharamvir Yadav. It is further submitted that while petitioner is accused in three other cases, but in all three cases, he is on bail and in the present case, he is in custody since 03.04.2017. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 165 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

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