Bikash Kumar @ Bikash Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.33056 of 2016 (3) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33056 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -MARANCHI District- PATNA ====================================================== Bikash Kumar @ Bikash Yadav Son of late Kishun Yadav, Resident of village- Sherpur, P.S. Maranchi, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP For the Informant : Mr. Pramod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case, in brief, is that on the alleged date and time of occurrence the informant's son, namely, Umesh Sahani along with some Sahani family went to fishing at Ganga river, in the meantime the accused persons including the petitioner reached there and made fire upon his son, resulting his death. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.4.2016 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.33056 of 2016 (3) dt.20-09-2016 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. As per the F.I.R., general and omnibus allegation has been made. No specific injury has been attributed against the petitioner nor any specific weapon has been attributed to the petitioner. Paragraph 106 of the case diary is the confessional statement of co-accused Nitish Yadav, where it has been alleged that Ajay Yadav is said to have given two fire shots upon the deceased. The postmortem report also supports the said allegation.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and has actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, J.M. 1st class, Barh, District Patna in connection with Maranchi P.S. case No.17 of 2016.

(Sudhir Singh, J) Narendra/- U T