Chhathu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11717 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -ASARGANJ District- MUNGER ======================================================

1. Chhathu Yadav Son of Sri Yadav

2. Ajit Yadav, Son of Bilash Yadav,

3. Santosh Yadav, Son of Tarani Yadav.

All residence of village- Dulhar, P.S.- Asarganj, District- Munger .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Yadav For the Opposite Party/s : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-03-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code and Section 27 of the Arms Act. Petitioners are named in the first information report and according to prosecution case itself, the alleged occurrence took place on 10.09.2015 whereas ferdbeyan of the informant of the present case was recorded on 17.09.2015 and in the ferdbeyan, informant specifically stated that it were co-accused, Parvesh Yadav and Manoj Yadav who shot fire on him and so far as petitioners are concerned, the informant stated that at the time of

Patna High Court Cr.Misc. No.11717 of 2016 (2) dt.16-03-2016 2/2 alleged occurrence, they were fighting with one Diwakar Kumar. Annexure-2 to this petition shows that mother of Diwakar Kumar lodged Asarganj P.S. Case No. 69 of 2015 for the same occurrence on next day of the alleged occurrence and in the aforesaid case, she stated that it was co-accused, Ram Parvesh Yadav who shot fire to informant of the present case and only general allegation of assault has been levelled against the petitioners and other accused of the aforesaid case. A third case for the same occurrence was lodged by one Sunita Devi who stated that it was prosecution party who assaulted the petitioners and others and in that course, firing was made causing firearm injury to informant of the present case.

Moreover, taking note of the facts of the present case as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Asarganj P.S. Case No. 73 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T