Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32551 of 2017 Arising Out of P.S.Case No. -74 Year- 2015 Thana -BODHGAYA District- GAYA ====================================================== Indradeo Yadav, Son of Late Pyari Yadav, R/o Vill-Harli Khurd, P.S. Bodh-Gaya, District-Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Yadav, Advocate For the Opposite Party : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-07-2017 Heard The petitioner is in custody in connection with Bodh Gaya P.S.Case No.74 of 2015 registered for an offence under Sections 147, 148, 149, 324, 326, 307 and 506 of the of the IPC and Section 27 of the Arms Act.

Allegedly ten accused persons made indiscriminate firing in which Meena Devi, Anandi Yadav, Raja Gopal and Vicky Kumar sustained injuries. The petitioner also opened fire and caused injury to Jitendra Kumar and Surajdeo Yadav. It is submitted that no offence under Section 307 of the IPC is made out. There is no allegation that the petitioner caused injury on vital part or repeated the firing. The allegation is general and vague. Similarly situated co-accused Ramchandra Yadav, Shankar Yadav @ Sri Yadav and Chandra Yadav have been allowed bail by another Bench of this Court in Cr.Misc.No.21465

Patna High Court Cr.Misc. No.32551 of 2017 (2) dt.20-07-2017 2/2 of 2015, 36419 of 2015 and 36949 of 2015 respectively. He further submits that the charge sheet has already been submitted and there is no chance of tampering with the evidence. Learned APP opposed the submissions.

In the facts and circumstances, prayer of bail is allowed. Let the above named petitioner 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 CJM, Gaya in connection with Bodh Gaya P.S.Case No.74 of 2015 with condition that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioner from privilege of bail.

(Sanjay Kumar, J) B.Kr./- U T