Commando Yadav @ Babu Mani Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.30919 of 2018 (3) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30919 of 2018 Arising Out of PS.Case No. -57 Year- 2017 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Commando Yadav @ Babu Mani Yadav S/o Bharat Yadav, R/o Vill.- Babu Tola Kamlakund, P.S.- Gopalpur (Rangara), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 3.1.2018, seeks bail in Gopalpur PS Case No. 57 of 2017 registered under Sections 302/34 of the IPC and Section 27 of the Arms Act.

The allegation in brief is that the informant's son was killed by the FIR named accused persons while he was returning back from the School.

Learned Counsel for the petitioner submits that the petitioner is not named in the FIR, there is no eye witness of the occurrence, there is allegation that three persons shot at the deceased but only one fire arm injury was found, Munna Sharma, FIR named accused, was granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 62137 of 2017.

Having considered the said facts and circumstances, the petitioner, namely, Commando Yadav @ Babu Mani Yadav is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Naugachhia in connection with Gopalpur PS Case No. 57 of 2017.

Snkumar/- (Arun Kumar, J) U T