Dipan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42713 of 2018 ======================================================
1. Dipan Yadav, Son of Bouku Yadav @ Boudhu Yadav, Resident of Village- Raghunathpur, P.S.- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-08-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody seeks bail in Salkhua PS Case No. 169 of 2008 registered under Sections 147, 148, 149, 302, 307, 364 of the IPC and Section 27 of the Arms Act.. The allegation in brief is that for dispute of cutting bamboo two groups fired on each other causing death of informant's husband.
Learned Counsel for the petitioner submits that the informant is not eye witness, other witnesses in their statement made general and omnibus allegation against ten accused persons, however there is no specific accusation as to who shot at the deceased and only one fire arm injury was found on his person, other similarly situated co - accused namely Bipin Yadav and Sushil Kapar @ Kapri have been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 3893 of 2016 and Cr. Misc. No. 53212 of 2015. Having considered the said facts and circumstances, the petitioner, namely, Dipan Yadav is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Saharsa in connection with Salkhua PS Case No. 169 of 2008 with the following conditions:-
Patna High Court Cr.Misc. No.42713 of 2018 (4) dt.06-08-2018 (i) one of the bailors shall be a close family member of the petitioner;
(ii) The petitioner shall appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.
Snkumar/- (Arun Kumar, J) U T