Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18453 of 2020 Arising Out of PS. Case No.-148 Year-2019 Thana- BAUSI District- Araria ====================================================== 1.

Gopal Yadav, Male, aged about 45 years 2.

Lalan Yadav, Male, aged about 40 years, both are S/o Giranand Yadav, Resident of Village- Lakunama, P.S.- Baunsi, District- Arariya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sandesh Roy, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-06-2020 Heard the parties through the virtual court proceeding.

The petitioners seek bail in connection with Bausi P.S. Case No. 148 of 2019 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case as per the F.I.R., informant Lalita Devi stated before the police is that in the intervening night of dated 21/22.11.2019 at around 1 O' clock both the petitioners and four named co-accused, namely, Dharmendra Yadav, Vivek Yadav, Tej Narayan Yadav and Chunna Yadav along with 3-4 unknown associates riding on four motorcycles came at the house of informant and asked for informant's husband Binod

Patna High Court CR. MISC. No.18453 of 2020(2) dt.03-06-2020 2/2 Yadav who was then present, then accused petitioner Gopal Yadav and co-accused Tej Narayan Yadav ordered to kill the father of Binod Yadav so that the disputed plot will be vacated by Binod. On the such order, co-accused Dharmendra Yadav and Vivek Yadav committed murder by fire shots close of the deceased Jagdish Yadav, father-jin-law of the informant sleeping on cot and thereafter all the accused persons flee away. Learned counsel for the petitioners submits that petitioner no.1, Gopal Yadav is order giver. So far as petitioner no.2 is concerned, there is general and omnibus allegation. He further submits that there is land dispute between the parties and petitioners are in jail custody since 22.11.2019. Learned A.P.P. for the State has opposed the prayer.

In the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of A.C.J.M.I, Araria in connection with Bousi P.S. Case No.148 of 2019.