Daya Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52627 of 2015 Arising Out of PS.Case No. -161 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Daya Nand Yadav Son of Sri Nageshwar Yadav, Resident of Village - Shritlal Tola, Tikarampur, P.S.- Mufassil, District - Munger .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Aaruni Singh, Advocate For the Opposite Party/s : Mr. Indu Kri.Srivastav(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mufassil P.S. Case no.161 of 2014 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is contended that though the allegation upon the petitioner is of resorting the firing upon the deceased but that had missed him and in fact the deceased sustained injury due to firing by co-accused Krishna Yadav. It is contended that there is only one fire arm injury which has been shown the cause of death in the post-mortem report and since the petitioner's fire missed the deceased, he could not have caused that. The petitioner is said to be in custody since 24.04.2015.

Patna High Court Cr.Misc. No.52627 of 2015 (2) dt.15-12-2015 2 / 2 Having regard to the facts and the circumstances of the case, the petitioner, namely, Daya Nand Yadav is directed to be released on bail on furnishing his bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sadar, Munger in connection with Mufassil P.S. Case no.161 of 2014.

(Dr. Ravi Ranjan, J) Lata/- U T