Khiri Yadav @ Dharmdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52930 of 2017 Arising Out of PS.Case No. -38 Year- 2013 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Khiri Yadav @ Dharmdeo Yadav Son of Ram Ishwar Yadav, Resident of Village - Chhotki Haradian, Police Station - Jagadishpur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Singh For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-01-2018 Supplementary affidavit has been filed on behalf of the petitioner.

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 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, there is no eye-witness of the actual occurrence of murder.

However, the informant is eye-witness to the extent that the petitioner and three others were seen fleeing from the place of occurrence. Two persons were carrying firearm including the petitioner. The post-mortem report would reveal that

Patna High Court Cr.Misc. No.52930 of 2017 (3) dt.04-01-2018 2/2 one wound of entry and exit was found at the forehead of the decease and another charred wound was found at the chick. Submission of the learned counsel for the petitioner is that after investigation, the petitioner was not sent up for trial and other co-accused have already been allowed bail either by the learned court below or by a Coordinate Bench of this Court. Further submits that false allegation is there due to old dispute between the parties. Petitioner is in custody since 21.08.2017 and is ready to cooperate with the trial. Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 312 of 2017 arising out of Jagdishpur Police Station Case No. 38 of 2013, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T