Bablu Yadav @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44346 of 2021 Arising Out of PS. Case No.-194 Year-2018 Thana- BARH District- Patna ====================================================== BABLU YADAV @ BABLU KUMAR S/o LATE DEVNANDAN YADAV R/o VILLAGE-SOIMA, P.S-BARH, DISTRICT-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Premchandra Yadav For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on the order of coaccused, Bhoni Yadav, co- accused, Pokhan Yadav shot at Sikandar Yadav on his forehead and he died on the spot. Thereafter, all the accused persons, including this petitioner, fled away saying that they would kill anybody who dared to have enmity with them.

Learned counsel appearing for the petitioner submits that specific allegation of commission of injury with firearm at

Patna High Court CR. MISC. No.44346 of 2021(2) dt.20-01-2022 2/2 the forehead of the deceased is against co-accused, Pokhan Yadav. Petitioner is member of unlawful assembly. However, no specific overt act is alleged against this petitioner. Petitioner is in custody since 23.01.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Barh in connection with Barh PS case No.194/2018.

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