Patna High CourtCR. MISC./45480/2014bail granted

Harshu Yadav And ORS v. The State Of Bihar

2015-03-04Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45480 of 2014 Arising Out of PS.Case No. -44 Year- 2014 Thana -BASNAHI District- SAHARSA ======================================================

1. Harshu Yadav Son of Late Domi Yadav

2. Pradeep Yadav Son of Late Domi Yadav

3. Paltu Yadav Son of Pradeep Yadav All resident of Village- Mokma Tola Bijuliya, Police Station- Basnahi, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49440 of 2014 Arising Out of PS.Case No. -44 Year- 2014 Thana -BASNAHI District- SAHARSA ======================================================

1. Rajo Yadav Son of Nasib Yadav Resident of Village - Mokama Tola Bijulia Police Station - Basahi District - Saharsa. .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.45480 of 2014) For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) (In Cr.Misc. No.49440 of 2014) For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

Since both the applications arise out of the same Basnahi P.S. Case No. 44/2014, they have been heard together and are being disposed of by this common order.

Patna High Court Cr.Misc. No.45480 of 2014 (2) dt.04-03-2015 The petitioners seek regular bail in a case under sections 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

The informant has named ten persons in the first information report and alleged that they having armed with different weapons came at her Darwaza and caught her son Hari Yadav. It is alleged that Pankaj Yadav, Deepak Yadav, Mithun Yadav and Ramdeo Yadav fired at his son Hari Yadav. Hari Yadav died on the spot. Other accused persons are alleged to have made firing and fled away. It appears from perusal of the record that there is allegation of firing only against the above named four persons. The petitioners above named are not alleged to have fired at the deceased Hari Yadav.

Considering the facts and circumstances mentioned above, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in connection with Basnahi P.S. Case No.44 of 2014. (Prabhat Kumar Jha, J) Amin/- U

Patna High Court Cr.Misc. No.45480 of 2014 (2) dt.04-03-2015