Patna High CourtCR. MISC./57534/2017bail granted

Indal Yadav @ Indal Kumar v. The State Of Bihar

2018-01-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57534 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================

1. INDAL YADAV @ INDAL KUMAR S/o Shyam Narayan Yadav, R/o Village- Chandaura, Tola Mohan Bigha, P.S.- Kako, District- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Srivastava For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-01-2018 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 147, 148, 149, 341, 326, 307, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

According to FIR, eleven persons including the petitioner, allegedly, restrained the deceased and on the order of co-accused Khirodhar Yadav, another co-accused Shailesh Yadav and Umesh Yadav, allegedly, assaulted with Khanti on the head of Manoj Yadav as a result whereof Manoj Yadav died subsequently. Specific allegation against the petitioner is of firing at the informant. However, no injury was caused. Though there is general and omnibus allegation of commission of offence against all the

Patna High Court Cr.Misc. No.57534 of 2017 (4) dt.19-01-2018 2/2 eleven FIR named persons to deceased Manoj Yadav also. The Doctor has found three injuries as per the post mortem report. Leaned counsel for the informant opposed the prayer for bail on the ground that the petitioner has got criminal antecedent.

Considering the aforesaid facts, 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 Kako Police Station Case No. 108 of 2017, 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