Briksh Yadav @ Ram Briksh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30045 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -ATRI District- GAYA ======================================================

1. Briksh Yadav @ Ram Briksh Yadav Son of Late Shovi Yadav, resident of village - Narawat, Police Station - Atri and District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302/34 of the Indian Penal Code and under section 27 of Arms Act.

The informant alleged that accused Premchand Yadav, Rajo Pandit and Sanjay Pandit came on a motor cycle at a shop and asked the brother of informant that he would firstly purchase the goods. Some altercation took place between the brother of informant and Premchand Yadav. Rajo Pandit exhorted to kill and on such Premchand Yadav fired from his pistol at the brother of informant who died on the spot. It is alleged that the informant and his brother were chasing the accused persons but petitioner and others threatened the informant and his brother not

Patna High Court Cr.Misc. No.30045 of 2015 (2) dt.11-08-2015 2/2 to chase. There is no allegation of firing against the petitioner. The petitioner is in jail since 02.04.2015.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner 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 Syed Quamrul Hasan Rizvi, learned Judicial Magistrate, 1st class, Gaya in Atri P.S. Case No. 5/2015. (Prabhat Kumar Jha, J) BKS/- U T