Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9377 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -PASRAHA District- KHAGARIA ======================================================

1. ARVIND YADAV S/o Chandrika Yadav, R/o Village- Ganaul, P.S.- Bhabanipur, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner, learned A.P.P. representing the State and the learned counsel for the informant. The petitioner seeks bail in connection with Pasraha P.S. Case No. 74 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, the petitioner and other F.I.R. named accused persons killed Mithilesh Yadav, the brother of the informant which was seen by Dilkhush Kumar, the younger brother of the informant.

During investigation the statement of Dilkush Kumar has been recorded vide para 37 of the case diary wherein he has stated that Arbind Yaadv shot his brother which hit the neck near arm of his brother and thereafter, Pawan Yadav assaulted with spade causing injury on his arm and the petitioner and his sons were present there armed with three-nut- and thereafter they fled away after opening fire.

Patna High Court Cr.Misc. No.9377 of 2016 (3) dt.25-04-2016 2/2 Submission is that as per the statement of Dilkhush Kumar, petitioner is only a member of the mob, he is not the assailant and, as such, he deserves sympathetic consideration, further the slipper found at the place of occurrence was not of the petitioner.

The learned A.P.P. duly assisted by the learned counsel for the informant submits that as per the statement of Dilkhush Kumar, the petitioner is only a member of the mob. In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Prakash learned A.C.J.M.-II, Khagariya in connection with Pasraha P.S. Case No. 74 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T