Patna High CourtCR. MISC./37004/2017bail granted

Sukumar Yadav And ANR v. The State Of Bihar

2017-08-10Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37004 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sukumar Yadav, son of Kishori Yadav,

2. Mahesh Yadav, son of Late Subal Yadav, Both Resident of VillageGwal Bigha, P.S.- Karai Parsurai, District- Nalanda. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sidhendra Narayan Singh, Advocate For the Opposite Party : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for offence under sections 307 and 34 of the IPC and under the 27 of the Arms Act.

FIR has been lodged upon the self written report of the SHO of Karai Parsurai police station that on account of sand uplifting from Kaddua river some persons have indulged in indiscriminate firing. The allegation does not disclose any damage to property and injury to any one. On the disclosure made by some of the villagers the petitioners and some other accused persons have been implicated in this case. On basis of such allegation, petitioners are in custody since 21.06.2017. Submission is made on behalf of the petitioners that

Patna High Court Cr.Misc. No.37004 of 2017 (2) dt.10-08-2017 2/2 even during investigation no material has been collected nor any independent witness has come to support the allegation. They submit that they have been remanded in this case on 21.6.2017 from Karai Parsurai Police station Case No. 66 of 2017 dated 18.06.2017, which is subsequent to the instant case. Petitioners have no criminal antecedent prior to the lodging of the instant case.

In the facts of the case, prayer for bail of the petitioners is allowed. Let both the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Amarjeet Kumar, JM 1st, Hilsa or his successor in Karaia Police station Case No. 65 of 2017. (Madhuresh Prasad, J ) Shashi.

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