Hareram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38696 of 2015 Arising Out of PS.Case No. -246 Year- 2014 Thana -SALKHUA District- SAHARSA ====================================================== Hareram Yadav, son of Brahmdeo Yadav, resident of village- Khureshan, P.S.- Salkhua, District- Saharsa.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pramod Mishra, Advocate.
For the Opposite Party : Mrs. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2015 Heard both sides.
The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 326, 387, 307 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.
The informant Dhanik Yadav named eight persons including the petitioner and alleged that all the accused persons surrounded him and asked to gave Rs. 1,00,000/- only then they would allow him to plough the lands. On protest all the accused persons assaulted the informant and his sons Sanjay Yadav and Sonamani Yadav. Dularchand Yadav assaulted the informant with Pharsa. On the order of Singheshwar Yadav his son Bijendra Yadav fired on Sanjay Yadav causing his death on the spot. The
Patna High Court Cr.Misc. No.38696 of 2015 (2) dt.31-08-2015 2/2 shot hit on the neck of Sanjay Yadav.
It is submitted that the petitioner is not named in the FIR. No specific allegation of assault is made against the petitioner. Dularchand Yadav is said to have assailant of the informant Dhanik Yadav has already been enlarged on bail. Even the order giver Singheshwar Yadav has also been enlarged on bail. Considering the facts aforesaid, 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 Chief Judicial Magistrate, Saharsa in Salkhua P.S. Case No. 246 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T