Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4490 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -PHULPARAS District- MADHUBANI ====================================================== Dilip Yadav, Son of Lali Yadav, Resident of Village- Phulparas, Danda Tole, Police Station- Phulparas, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lakshmindra Kumar Yadav, Advocate Mr. Prabhu Narayan Prabhakar, Advocate For the Opposite Party : Mr. Binod Kumar 3 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 302 of the Indian Penal Code.

It is alleged that on account of dispute for measurement of land on the date of occurrence, the co-accused Sukhsagar Yadav fired from gun on the head of son of the informant who fell down and injured. Thereafter, Lochan Yadav, Pramod Yadav, Hari Yadav and Chandan Yadav also fired on the son of the informant.

It is submitted that petitioner is not named in the First Information Report. There is no allegation of any overt act

Patna High Court Cr.Misc. No.4490 of 2017 (2) dt.13-02-2017 2/2 against him. The name of petitioner has surfaced during investigation as having been present at the time of occurrence. It has further been submitted that one of the co-accused Murat Yadav has been granted bail by Co-ordinate Bench of this Court vide Cr. Misc. No. 3138 of 2017 dated 08.02.2017. The petitioner is in custody since 29.06.2016. It is mentioned in para-3 of bail petition that petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District & Sessions Judge, Madhubani, in connection with Phulparas P.S. Case No. 195 of 2016, corresponding to S.T. No. 402 of 2016, subject to the condition that both the bailors will be the close relative of the petitioner.

(Sanjay Priya, J.) ravi/- U T