Sakindra Yadav @ Sako Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40152 of 2020 Arising Out of PS. Case No.-103 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== SAKINDRA YADAV @ SAKO YADAV Son of Arjun Yadav Resident of Village- Bhaluana, P.S.- Chandradeep, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Lal, Mr. Umesh Prasad, Advocates.
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2021 Heard Mr. S.K. Lal, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Kawakole (Rupou) PS Case No. 103/2018 registered for the offence punishable under Sections 302/34 of the IPC and Section 27 of the Arms Act.
3. The allegation, as per First Information Report, is that a dispute arose regarding distribution of booty amongst the members of gang headed by Naresh Yadav and other members of the said gang including the petitioner and they, allegedly, killed the head of the gang, Naresh Yadav, whose dead body was found under a Mahua tree situated in the field of one Garbhu Yadav.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the dead body of the deceased pumped with bullet was found by the informant who is a police officer, allegedly, on the basis of information received from the villagers petitioner has been
Patna High Court CR. MISC. No.40152 of 2020(2) dt.10-02-2021 2/2 implicated in this case. Learned counsel for the petitioner further submits that a similarly situated co-accused, Rajesh Yadav @ Rakesh Kumar, having same allegation as that of petitioner, has been granted bail by this Court vide Cr. Misc. No. 74100/2019 and the petitioner is in custody since 11.02.2020.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that a similarly situated co-accused has been granted bail by this Court and the petitioner is in custody since 11.02.2020, I am inclined to grant regular bail to the petitioner.
6. Accordingly, let the petitioner, SAKINDRA YADAV @ SAKO YADAV 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 learned Additional Chief Judicial Magistrate-1st, Nawada in connection with Kawakole (Rupou) PS Case No. 103/2018.
7. Needless to say that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T