Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43165 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- SALAKHUA District- Saharsa ====================================================== Bipin Yadav Son of Yugo Yadav @ Yugeshwar Yadav Resident of village Chanan, P.S. Salkhua, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Salkhua P.S. Case No. 32 of 2021, registered for the offence punishable under Sections 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, 15-16 persons including 13 FIR named accused persons, arrived at the place of occurrence, surrounded the informant, informant's brother-inlaw (Dewar) and co-accused Raushan Yadav, Smit Yadav and Satyanarayan Yadav @ Pappu Yadav fired upon the brother-inlaw of informant on his head and neck, as a result of which he died.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of

Patna High Court CR. MISC. No.43165 of 2021(2) dt.20-01-2022 2/2 investigation, name of this petitioner has come in this case on the confession of co-accused. Specific allegation of firing is against other co-accused persons and no specific overt act has been alleged against this petitioner. Petitioner is in custody since 19.03.2021. Investigation is complete.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Saharsa in connection with Salkhua P.S. Case No. 32 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T