Batali Yadav @ Upendra Kumar @ Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38223 of 2021 Arising Out of PS. Case No.-371 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== BATALI YADAV @ UPENDRA KUMAR @ UPENDRA YADAV Son of Mandil Singh @ Mandil Yadav Resident of Village - Pandey Patti, Buxar, P.S.- Buxar (M), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Buxar (M) P.S. Case no. 371 of 2020 registered for the offence punishable under sections 307, 302/34 of the Indian Penal Code read with section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in custody since 5.2.2021 and charge sheet has been submitted and has antecedent of one case under Excise Act as mentioned in para 3 of bail petition. Learned counsel for the petitioner submits that FIR was against unknown and during course of investigation, it transpired that this petitioner acted as a liner and gave information to the accused about the son of the

Patna High Court CR. MISC. No.38223 of 2021(2) dt.13-12-2021 2/2 informant who was in the paddy field where he had come for cutting paddy and accused persons came and fired killing him. Learned counsel submits that petitioner is not named in the FIR and allegation against him is of a liner and investigation even does not remotely suggest that this petitioner fired leading to death of the deceased.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody since 5.2.2021, charge sheet has been submitted and during course of investigation, it has come that the petitioner acted as a liner, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge X, Buxar in Sessions trial no. 116/2021 arising out of Buxar (M) P.S. Case no. 371 of 2020. (Satyavrat Verma, J) s.hassan/- U T