Dholak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27568 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Dholak Yadav, son of Billo Yadav, Resident of Village- Sidhighat, P.S. Sultanganj, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sultanganj P.S. Case No.79 of 2017 registered under Sections 302/34 of the Indian Penal Code.

The accusation is that Bilta Yadav, the son of the petitioner, Buddha Yadav, this petitioner and Vikram Yadav having gun and pistol in their hands reached at the tea shop where Prabhash Yadav, the brother of the informant, was present. Thereafter, Bilta Yadav shot fire through his pistol causing injury on the left hip of Prabhash Yadav. At that time, Buddha Yadav shot fire from his pistol causing injury on the mouth of Prabhash

Patna High Court Cr.Misc. No.27568 of 2017 (2) dt.12-07-2017 2/2 Yadav. In that course, this petitioner and Vikram Yadav also made indiscriminate firing so that no one could reach there. Prabhash Yadav, the brother of the informant, was rushed to the Hospital for treatment but he was declared dead by the doctors. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that there no specific allegation against the petitioner to shot fire at the deceased. The specific allegation to shot fire at the deceased is against Bilta Yadav and Buddha Yadav. The petitioner having no criminal antecedent is in custody since 12.04.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Bhagalpur, in connection with Sultanganj P.S. Case No.79 of 2017.

(Rajendra Kumar Mishra, J) P.S./- U T