Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34885 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Rajesh Yadav, Son of Bharat Yadav, Resident of Village - Jangali Mandal Tola, P.S.- Muffasil, Distt - Khagaria.

2.

Sunil @ Sunil Kumar, Son of Lalit Yadav Resident of Village - Baluyaha, P.S.- Kachahari Sonbarasa, Distt - Saharsa.

3.

Dilip Yadav, Son of Late Dorik Yadav Resident of Village - Rahimpur, Nanhku Mandal Tola, P.S.- Muffasil, Distt - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 10.04.2019 in a case registered for the offences punishable under Sections 147, 148, 342, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that the petitioners and others co-accused persons fired upon the informant initially and consequently, when the informant fell down thereafter, the petitioner no. 3, Dilip Yadav again fired upon the informant but it did not cause any injury to the informant.

Patna High Court CR. MISC. No.34885 of 2019(2) dt.28-05-2019 2/2 It is submitted by learned counsel for the petitioners that the accusation of firing has been levelled against all the five accused persons but no injury has been caused to the informant. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the accusation of firing has been levelled against the petitioners.

Considering the fact that no injury has been caused to the informant and statement being made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released 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 learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 247 of 2019. (Dinesh Kumar Singh, J) DKS/- U T