Shiv Shakti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34710 of 2016 Arising Out of PS.Case No. -321 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Shiv Shakti Yadav Son of Late Shyam Sunder Yadav Resident of VillageDhamichak, P.S.- Amarpur, District- Banka. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Y.C.Verma, Sr.Adv. Mr. Anuj Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-08-2016 Heard Sri Y.C.Verma, learned senior counsel, who was assisted by Sri Anuj Kumar, learned counsel for the petitioner and Sri Nirmal Kumar Sinha, learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 14-12-2015 in Amarpur P.S. Case No. 321 of 2015 registered for the offence under Sections 326, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail.

Learned senior counsel for the petitioner submits that on perusal of the F.I.R. itself, it is evident that the informant is none else but own uncle of the petitioner, who was having some animosity with the petitioner in relation to the house, which was allegedly purchased by the informant from the petitioner. He

Patna High Court Cr.Misc. No.34710 of 2016 (2) dt.20-08-2016 2/2 further submits that from the F.I.R. itself, it is evident that the informant was not eye-witness, but he was given information by the victim that victim was shot by this petitioner. He submits that though petitioner is already in custody since December, 2015, till date, no adequate progress in the case has taken place. Keeping in view the fact that informant and petitioner are close relative as well as the fact that petitioner is in custody since long, let the petitioner namely Shiv Shakti Yadav 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 learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 321 of 2015. (Rakesh Kumar, J.) Anay U T