Shailendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41725 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- PASRAHA District- Khagaria ====================================================== Shailendra Yadav Son of Late Pulkit Yadav Resident of Village- Basua, Police Station- Pasraha, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 148, 149, 307, 429, 504 of the Indian Penal Code and Section-27 of the Arms Act.

The prosecution case, in short, is that while the informant was sleeping at his Bathan, the accused persons including the petitioner started abusing him and firing was also made which hit cow of the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-02-2019. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case.

Patna High Court CR. MISC. No.41725 of 2019(2) dt.09-07-2019 2/2 General and omnibus allegation has been made against the petitioner. The alleged occurrence is said to have taken place at night i.e. 12.00 a.m. to 1.00 a.m. No source of identification has been disclosed by the prosecution. It has further been submitted that the petitioner may be released after completion of six months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of six months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Khagaria in connection with Pasraha P.S. Case No. 135 of 2018.

(Sudhir Singh, J) A.K.V.//- U T