Rajiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24722 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== RAJIV YADAV, Son of Chote Yadav, Resident of Village - Makduane, P.S.- Manpur, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Lal, Advocate.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Deepnagar P.S. Case No. 325 of 2018, instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that petitioner is not named in the written report. His name has come on the basis of his confessional statement recorded in paragraph-21 of the case diary which is mentioned by the learned 2nd Additional Sessions Judge, in the impugned order. It is alleged in the written report that Kishore Paswan, Nawal Paswan, Manik Paswan of village Chhabilapur and Subodh Paswan @ Gunjan, who happens to be maternal

Patna High Court CR. MISC. No.24722 of 2019(2) dt.22-04-2019 2/2 nephew of Kishore Paswan, surrounded father of the informant namely Gopi Yadav (since deceased) while he was sleeping in his Dalan in the night of 5.9.2018. It is further alleged that Subodh Paswan and Dilip Paswan caught hold father of the informant and after striking him on the ground, co-accused Kishore Paswan and Nawal Paswan fired at him on account of which he died on the spot.

Petitioner is in custody since 2.2.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let 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 learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Deepnagar P.S. Case No. 325 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T