Chandan Kumar @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71241 of 2018 Arising Out of PS. Case No.-31 Year-2018 Thana- MADANPUR District- Aurangabad ====================================================== Chandan Kumar @ Chandan Yadav, Son of Narsingh Yadav @ Narsing Yadav, Resident of Village- Gospur, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlendra Pd. Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Madanpur P.S. Case No. 31 of 2018, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that five persons named in the F.I.R. including the petitioner entered in the house of informant, namely, Raju Yadav and caught hold his brother Rahul Kumar @ Pappu Kumar and laid him on the ground at that time, Vikash Yadav shot fire putting pistol at the chest of Rahul Kumar @ Pappu Kumar and fled away from the house of the informant.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.71241 of 2018(2) dt.03-12-2018 2/2 although, petitioner along with others is named in the F.I.R., but specific allegation of firing at the chest of Rahul Kumar @ Pappu Kumar, brother of the informant, is against Vikash Yadav. Further submission is that similarly situated co-accused Narsingh Yadav @ Narsing Yadav and Kundan Kumar @ Kundan Yadav have already been allowed privilege of bail by a co-ordinate Bench of this Court on 27.09.2018 vide Criminal Miscellaneous No. 52740 of 2018. Further submission is that petitioner has no criminal antecedent is in custody since 13.04.2018.

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, Aurangabad in connection with Madanpur P.S. Case No. 31 of 2018. (Rajendra Kumar Mishra, J) manish/- U T