Patna High CourtCR. MISC./43092/2015bail granted

Shiv Narayan Yadav v. The State Of Bihar

2016-01-13Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43092 of 2015 Arising Out of PS.Case No. -145 Year- 2013 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Shiv Narayan Yadav, son of Jhojhan Yadav, resident of villageLarjhaghat, Police Station- Bithan, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : M/S N.K.Malhotra &. Ashok Kumar Singh For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 13-01-2016 The petitioner is in custody since 24-8-2014 in relation to Bithan P.S. Case No. 145/2013, instituted under section 302/34 and other sections of the Indian Penal Code read with Arms Act and Explosive Substances Act. His earlier bail application was rejected by this Court-vide order dated 3-3-2015 passed in Criminal Miscellaneous No. 47057 of 2014. He has renewed his prayer for bail, inter alia, on the ground that similarly situated accused person, namely, Chotey Yadav @ Kanhaiya Lal Murari has been granted bail in Criminal Miscellaneous No. 14535 of 2015 by order dated 21-5-2015 by this Court. Perused the said order, which is Annexure-3.

The allegation is that while some people came and shot dead the deceased, the petitioner and Chotey Yadav and some

Patna High Court Cr.Misc. No.43092 of 2015 (3) dt.13-01-2016 2/2 others at a distance of 300 meters were exploding bombs etc. Thus, the F.I.R. itself notices that the petitioner is not the assailant. Be that as it may, let the petitioner, Shiv Narayan 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 Additional Sessions Judge, Rosara at Samastipur in connection with Sessions Trial No. 424/14, arising out of Bithan P.S. Case No. 145/2013.

(Navaniti Prasad Singh, J) B.K.Roy/- U