Shikary Ray @ Nand Kishore Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1450 of 2021 Arising Out of PS. Case No.-287 Year-2017 Thana- GARKHA District- Saran ====================================================== SHIKARY RAY @ NAND KISHORE YADAV SON OF RAVINDRA RAY RESIDENT OF VILLAGE - AKHTIYARPUR, P.S. - GARKHA, DISTRICT - SARAN ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 302 & 120B of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that 6-7 miscreants came on a scorpio vehicle and is said to have resorted indiscriminate firing on the Samdhi of the informant at
Patna High Court CR. MISC. No.1450 of 2021(2) dt.08-03-2021 2/3 Anoni Petorl Pump and he died.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement which has no evidentiary value in the eye of law. Co-accused, namely, Satyajit Singh @ Satyajit Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 25.04.2018 passed in Cr. Misc. No. 11610 of 2018. The petitioner has no criminal antecedent and has been languishing in custody since 25.06.2019.
Learned APP for the State opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.1450 of 2021(2) dt.08-03-2021 3/3 Additional Chief Judicial Magistrate-V, Saran at Chapra in connection with Garkha P.S. Case No.287 of 2017. (Anjani Kumar Sharan, J) Trivedi/- U T