Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44399 of 2021 Arising Out of PS. Case No.-63 Year-2017 Thana- KAJRA District- Lakhisarai ====================================================== 1.

Mahendra Yadav S/o Late Bangali Yadav R/o village- Basuhar, P.S.- Kajra, District- Lakhisarai 2.

Pankaj Yadav S/o Mahendra Yadav R/o village- Basuhar, P.S.- Kajra, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2021 Heard both parties.

The petitioners seek bail in Kajra P.S. Case No. 63 of 2017, registered for the offence punishable under Sections 302, 307, 120B of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, petitioners along with FIR named accused persons alleged to have made indiscriminate firing upon Pramod Yadav (brother of informant) and Koso Yadav, but Koso Yadav succeeded in fleeing away and Pramod Yadav got injured and while being taken to the hospital died on the way.

It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. There is

Patna High Court CR. MISC. No.44399 of 2021(2) dt.02-11-2021 2/2 general and omnibus allegation of firing and no specific overt act has been alleged against petitioners. As per the FIR petitioners along with FIR named accused persons fired upon the brother of informant, but as per the inquest report there is only one firearm injury on the person of deceased. Petitioners are in custody since 12.11.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Lakhisarai in connection with Kajra P.S. Case No. 63 of 2017. (Prabhat Kumar Singh, J) vinita/- U T