Chandra Mauli Yadav @ Chandramauli Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30717 of 2019 Arising Out of PS. Case No.-161 Year-2016 Thana- MOKAMAH District- Patna ====================================================== 1.

Chandra Mauli Yadav @ Chandramauli Prasad Son of Dhirikan Yadav Resident of Village - Taratar (Jagirtola), P.S.- Ghoswari, Distt - Patna. 2.

Awadhesh Yadav Son of Sukhdeo Yadav Resident of Village - Taratar (Jagirtola), P.S.- Ghoswari, Distt - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 302 of the Indian Penal Code and 27 of the Arms Act. Allegation is that some unknown persons made open fire upon the informant's son, which hit in his shoulder, due to which he fell down and he was taken to the Referral Hospital, Mokama and thereafter he was taken to the P.M.C.H. for better treatment, where doctor declared him dead.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 6.2.2019. Charge sheet has been submitted in this case. There is no allegation of tampering

Patna High Court CR. MISC. No.30717 of 2019(4) dt.20-09-2019 2/2 of witnesses alleged against the petitioners. The F.I.R. is against unknown. The statement of chance witness has been recorded in paragraph 20 of the case diary, in which he has stated that the deceased was done to death by one Arun Yadav. So far the petitioners are concerned, no specific overt act has been alleged against them.

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned D. Kumar, Sub Judge IV-cum-A.C.J.M., Barh, District Patna in connection with Mokama P.S. case No.161 of 2016.

(Sudhir Singh, J) Narendra/- U T