Patna High CourtCR. MISC./45188/2016bail granted

Nirbhik Yadav v. The State Of Bihar

2016-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 45188 of 2016 Arising out of P.S. Case No. - 47 Year - 2014 Thana - KASIMBAZAR District - MUNGER ====================================================== Nirbhik Yadav, Son of Jai Kishore Yadav, Resident of Village - Sandalpur, P.S. Kashim Bazar, District - Munger .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Kumar, Advocate For the Opposite Party : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 448, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner and other named accused are family members of the informant. For land dispute, the petitioner and co-accused Chandan Yadav indiscriminately fired causing death of Prashant Kumar, the son of the informant. Submission of the petitioner is that the petitioner is in custody since 12th June, 2014. Further submission is that the impugned order would reveal that charge has already been framed in this case. However, no prosecution witness has been examined up-till-now.

Patna High Court Cr.Misc. No.45188 of 2016 (3) dt.14-12-2016 2/2 Considering the period already undergone by the petitioner, let the petitioner, above named, 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 Additional Sessions Judge-I, Munger/Successor Court in connection with S.Tr. No. 879 of 2014 arising out of Kashim Bazar P.S. Case No. 47 of 2014 with condition that the petitioner shall fully co-operate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Kundan (Birendra Kumar, J.) U T