Patna High CourtCR. MISC./42746/2015bail granted

Nageshwar Yadav @ Nageshwar Pandey v. The State Of Bihar

2015-09-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.42746 of 2015 (3) dt.29-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42746 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -MOKAMAH District- PATNA ======================================================

1. Nageshwar Yadav @ Nageshwar Pandey Son of Lutan Yadav resident of Village Kanhaipur Gahil Asthan, P.S. Mokama District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s Mr. Pradip Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is not named in the first information report but it appears from perusal of the impugned order that in course of investigation some witnesses claimed to have seen the petitioner committing the alleged crime.

Learned counsel for the petitioner submits that according to the prosecution case itself, three FIR named accused opened fire on the deceased and except the aforesaid allegation no specific overt-act has been attributed against any person. It is further contended by him that no doubt, prior to institution of this case, petitioner was made accused in altogether eight cases but petitioner has already been either acquitted or allowed bail in almost all the cases which were lodged due to political rivalry.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.42746 of 2015 (3) dt.29-09-2015 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri R. K. Verma, Judicial Magistrate, Ist Class, Barh/ concerned court in Mokama P.S. Case no. 105/2015.

shahid (Hemant Kumar Srivastava,J) U T