Shiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47428 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== Shiv Kumar Yadav Son of Sudi Yadav Resident of Village - Gangapur, P.S.- Kisanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 04.05.2019 has filed the instant application for grant of bail in connection with Kisanpur P.S. Case No. 87 of 2019 (District Supaul) registered for the offence punishable under sections 341, 147, 148, 149, 302 and 120B of the Indian Penal Code and section 27 of the Arms Act.

As per the allegation in the FIR, as a result of some dispute over transaction of money, it is alleged that 14 named accused persons came on motorcycle where his son was standing outside the shop. It is further stated that Chandan Kumar, Lal Kumar and Dinesh Paswan fired on the son of the informant as a result of which he died. From the FIR itself it

Patna High Court CR. MISC. No.47428 of 2019(3) dt.27-09-2019 2/2 would be clear that the allegation of firing is against the aforesaid three accused persons and not this petitioner. The petitioner is in custody since 04.05.2019 and has no criminal antecedent.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner is in custody since 04.05.2019 and that the allegation of firing is on the aforesaid three accused persons and not this petitioner, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kisanpur P.S. Case No. 87 of 2019 (District Supaul).

(Partha Sarthy, J) Prakash/- U