Niraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30839 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== 1.

NIRAJ YADAV S/o Sikendra Yadav @ Sikandar Yadav @ Sikandra Yadav Resident of Village-Sabdalpur, P.S.-Sahebpur Kamal, District-Begusarai. 2.

Nirbhay Yadav S/o Sikendra Yadav @ Sikandar Yadav @ Sikandra Yadav Resident of Village-Sabdalpur, P.S.-Sahebpur Kamal, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Advocate.

For the Opposite Party/s :

Mr. Diwakar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2020 This matter has been taken up in virtual Court. Let the defects be removed within 15 days of the start of the physical Court.

Heard the parties.

The petitioners are languishing in custody for the offence punishable under Sections 147/148/149/341/326/307/302/504 of the Indian Penal Code and Section 27 of the Arms Act.

According to F.I.R., the main offence relates to murder of two persons caused by fire arm injury. The petitioners were not involved in the act rather allegation against the

Patna High Court CR. MISC. No.30839 of 2020(2) dt.07-12-2020 2/3 petitioners is that they caught to Jhakho Yadav and co-accused Nilesh fired at him causing injury at his arm. Jhakho is not the deceased. Petitioners have stated on oath that they have got no criminal antecedent. They are in custody since 16.03.2020. Investigation of the case is already complete. Learned counsel for the informant as well as State opposed the prayer for bail.

Considering the nature of allegation against the petitioners, completion of investigation against them and the fact that there is no need for further detention of the petitioners as under trial prisoner, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sahebpur Kamal P.S. Case No. 75 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without

Patna High Court CR. MISC. No.30839 of 2020(2) dt.07-12-2020 3/3 permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T