Sidheshwar Yadav @ Sidheshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2839 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- KAKO District- Jehanabad ====================================================== 1.

SIDHESHWAR YADAV @ SIDHESHWAR PRASAD Son of Kuldeep Yadav Resident of Village-Pahal Bigha, P.S.-Kako, District-Jehanabad. 2.

Vikash Kumar, Son of Sidheshwar Yadav, Resident of Village-Pahal Bigha, P.S.-Kako, District-Jehanabad.

3.

Sanjeev Kumar Son of Bindeshwari Yadav Resident of Village-Pahal Bigha, P.S.-Kako, District-Jehanabad.

4.

Shashi Kumar @ Shashi Kant Kumar Son of Chandeshwar Prasad @ Chandeshwar Yadav Resident of Village-Pahal Bigha, P.S.-Kako, DistrictJehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Soni Srivastava, Advocate Mr. Nilesh Sinha, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2021 Heard Ms. Soni Srivastava, learned Advocate for the petitioners and Ms. Suman Kumari Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kako P.S. Case No. 140 of 2020 dated 29.06.2020 instituted for the offences under Sections 324, 326, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioners are alleged to have participated in an occurrence in which one Chandeshwar Yadav is said to have opened fire in a marriage Pandal, as a result

Patna High Court CR. MISC. No.2839 of 2021(3) dt.13-09-2021 2/3 of which one of the friends of the groom got seriously injured.

It has been argued on behalf of the petitioner on the last occasion that they have been named in this case because of an old dispute. It has further been submitted that the accusation of firing is attributed to one Chandeshwar Yadav and not to the petitioners. The petitioner no. 4 is the son of aforesaid Chandeshwar Yadav.

The petitioner no. 1 is stated to be 66 years of age whereas petitioners no. 2, 3 and 4 are young boys whose careers would be marred, if they are made to go to custody.

Apart from this, it has been submitted that because of the old dispute, the petitioners have been made accused in this case. So far as the earlier cases against the petitioners are concerned, all of them are on bail in such cases about which reference has been given in paragraph-3 of the bail petition.

After the institution of the subject FIR, the petitioners were made accused in another case vide Kako P.S. Case No. 201 of 2020, in which also the petitioners have been granted bail.

Regard being had to the aforestated facts, the provisional bail granted to the petitioners on 23.07.2021

Patna High Court CR. MISC. No.2839 of 2021(3) dt.13-09-2021 3/3 is hereby confirmed.

The petitioners shall remain on the same bail bonds.

The petition stands allowed accordingly.

(Ashutosh Kumar, J) krishna/- U T