Patna High CourtCR. MISC./52338/2017bail granted

Banarsi Yadav And ANR v. The State Of Bihar

2017-11-09Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52338 of 2017 Arising Out of PS.Case No. -342 Year- 2016 Thana -BELHAR District- BANKA ======================================================

1. Banarsi Yadav, Son of Late Safli Yadav.

2. Nago Yadav @ Nageshwar Yadav, Son of Gurucharan Yadav, both residents of Village- Bela, Police Station- Belhar, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Belhar P.S. Case No. 342 of 2016 registered for the offence punishable under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The allegation in the FIR is that Nepali Yadav shot dead the nephew of informant and fled away and one of the brothers of Nepali Yadav, namely, Mohan Yadav whose name is mentioned in the FIR has been granted bail by a Coordinate Bench of this Court vide order dated 23.06.2017 passed in Cr. Misc. No. 16896 of 2017.

Learned counsel for the petitioners submitted that the

Patna High Court Cr.Misc. No.52338 of 2017 (2) dt.09-11-2017 2/2 petitioners have been implicated in this case on the basis of suspicion due to land dispute between the parties. It has further been submitted that petitioners have no criminal antecedent and they are in custody since 31.08.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IIIrd, Banka, in connection with Belhar P.S. Case No. 342 of 2016.

(S. Kumar, J) veena/- U T