Patna High CourtCR. MISC./46187/2018bail granted

Binod Yadav v. The State Of Bihar

2018-08-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46187 of 2018 Arising Out of PS.Case No. -231 Year- 2018 Thana -BHAGALPUR KOTWALI District- BHAGALPUR ====================================================== Binod Yadav, S/o Late Chhakku Yadav, R/o Vill.- Choudhridih, P.S.- Lodipur, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 10.04.2018 in connection with Kotwali (Barari) P.S. Case No.231 of 2018 registered for the offence under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the allegation is that several persons, which included the petitioner, fired at the deceased from close range behind the ears. The post-mortem examination report reveals two entry wounds and the allegation is attributed to at least ten persons, which also included the petitioner. It is submitted that the story as carved out by the informant is based on conjectures and surmises and

Patna High Court Cr.Misc. No.46187 of 2018 (2) dt.21-08-2018 2/2 is not worthy of credence. It is further submitted that several other similarly situated co-accused persons named in the F.I.R. have since been extended the privilege of regular bail in Cr.Misc. No.42605 of 2018 vide order dated 06.08.2018, Cr.Misc. No.45845 of 2018 vide order dated 10.08.2018, Cr.Misc. No.46114 of 2018 vide order dated 18.08.2018 and Cr.Misc. No.50138 of 2018 vide order dated 14.08.2018. In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur, in connection with Kotwali (Barari) P.S. Case No.231 of 2018.

(Anjana Mishra, J) PNM U T