Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59016 of 2021 Arising Out of PS. Case No.-360 Year-2021 Thana- BARACHATTI District- Gaya ====================================================== RAJO YADAV S/o Bigan Yadav R/o village- Barahgama, P.S.- Mohanpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on 15.06.2021 at about 9:30 PM, the son of informant was grazing his cattle, in the meantime, this petitioner alongwith other FIR named coaccused persons came and started indiscriminate firing, as a result of which, son of the informant sustained injury and died. It is submitted on behalf of petitioner that there is general and omnibus allegation and no specific overt act has been alleged against this petitioner. The autopsy report of the deceased belies the allegation made in the F.I.R., since as per F.I.R., four F.I.R. named and some unknown persons are alleged

Patna High Court CR. MISC. No.59016 of 2021(3) dt.28-03-2022 2/2 to have fired, but only two fire-arm injuries have been found on the person of deceased. Petitioner is in custody since 17.06.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 A.C.J.M., Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 360 of 2021.

(Prabhat Kumar Singh, J) anay/- U T