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Patna High CourtCR. MISC./39836/2020allowed

Fulo Yadav v. The State Of Bihar

2021-03-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39836 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- ISMAILPUR District- Bhagalpur ====================================================== 1.

Fulo Yadav S/O Sri Deep Narayan Yadav.

2.

Sanjo Yadav S/O Sri Deep Narayan Yadav Both Are Resident Of VillageKamlakund, P.S.-Isnailpur, District-Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation upon the petitioners is that they assaulted the deceased by means of lathi. There is specific allegation upon the co-accused Bikash Yadav who shot fired in the chest of the deceased and co-accused Mukesh Yadav who also shot fired on the head of the deceased.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation against the petitioners rather specific allegation is upon the co-

Patna High Court CR. MISC. No.39836 of 2020(3) dt.17-03-2021 2/2 accused Bikash Yadav and Mukesh Yadav. He submits that postmortem report shows that the cause of death was of fire arms injury. He further submits that petitioners are languishing in judicial custody since 01.06.2020.

In the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Ismailpur P.S. Case No. 21 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T