Umesh Yadav @ Umesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41427 of 2019 Arising Out of PS. Case No.-357 Year-2017 Thana- BARHARIA District- Siwan ====================================================== UMESH YADAV @ UMESH KUMAR YADAV Son of Bindeshwari Yadav Resident of Village - Nawalpur, P.S.- Barharia, Dist.- Siwan ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2019 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State.
The petitioner seeks bail in Barharia P.S. Case No. 357/2017, instituted for offence under Section(s) 302/34 of the Indian Penal Code read with Section 27 of Arms Act. Learned counsel for petitioner has submitted that petitioner is not named in the written report. It is alleged in the written report that on the date of occurrence two unknown persons on motorcycle arrived and fired shot on the brother of informant, who fell down on the ground.
Learned counsel for informant has submitted that name of this petitioner has been taken by informant in his further statement.
Patna High Court CR. MISC. No.41427 of 2019(3) dt.29-08-2019 2/2 Learned Addl. P.P. has submitted that in para 22 of case diary there is further statement of informant from which it appears that mere suspicion has been raised against this petitioner.
The other co-accused has already been granted bail by a Co-ordinate Bench of this Court vide order dated 19.11.2018 passed in Cr. Misc. No. 65786/2018.
Petitioner is in custody since 16.05.2019.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Barharia P.S. Case No. 357/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) rakhi/- U T