Lali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62317 of 2018 Arising Out of PS. Case No.-236 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== Lali Yadav, Son of Sri Deo Nath Yadav, Resident of Village- Vasvanbigha, P.S.-Bihar. District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malay Kumar Choudhary, Advocate.

For the Opposite Party/s :

Mr. Manoj Kumar - 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bihar P.S. Case No.236 of 2018 registered under Sections 147, 148, 149, 448, 384, 302 and 120-B of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that on 24.05.2018 at about 09.00 P.M., the informant Keshwar Yadav and his son Suday Kumar, who is in service in Air-Force at Bangalore, was sitting in his house. At that time, on hearing 'hulla' and sound of firing, the informant and his son Suday Kumar came out from the house, where 14 persons, named in the F.I.R., including the petitioner were present. On seeing Suday Kumar, the son of the informant, they asked him to spend the money but Suday Kumar refused to spend the money, saying that he

Patna High Court Cr.Misc. No.62317 of 2018(2) dt.06-10-2018 2/2 has no money. Thereafter, on the order of Yogendra Yadav, Bipin Yadav alias Biran, Ramvaran Yadav, Rajeev Ranjan Kumar, Ravi Ranjan Kumar, Lalu Kumar, Anil Yadav and Arvind Yadav to shot fire at them, Lal Bahadur Yadav opened fire from his pistol at Suday Kumar, causing firearm injury. Thereafter Suday Kumar fell down on the ground and became unconscious. Later on, Suday Kumar died in course of treatment.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act has been attributed to the petitioner. The specific allegation is against Lal Bahadur Yadav, who shot fire at Suday Kumar, the son of the informant. The petitioner having no criminal antecedent is in custody since 11.06.2018.

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, Nalanda at Biharsharif, in connection with Bihar P.S. Case No.236 of 2018.

(Rajendra Kumar Mishra, J) P.S./- U T