Patna High CourtCR. MISC./38664/2018bail granted

Sukhdeo Yadav v. The State Of Bihar

2018-07-04Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38664 of 2018 Arising Out of PS.Case No. -206 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Sukhdeo Yadav S/o Late Bino Yadav, R/o Vill.- Barkhandi Tola, P.S.- Khagaria (Muffasil), District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 9.4.2018, seeks bail in Khagaria (Muffasil) PS Case No. 206 of 2018 registered under Sections 147, 148, 149, 341, 323, 307, 302, 448 of the IPC and Section 27 of the Arms Act.

The allegation in brief is that due to some dispute the accused persons intercepted brother of the informant on the way and it is alleged that on the order given by Chandradeo Yadav, Anuj Yadav shot at him causing his death and Rajendra shot at Deepak while attempting to rescue him and caused injury in his hand and Manish Yadav also opened firing but it did not hit anyone. Learned Counsel for the petitioner submits that specific accusation of opening fire and killing the deceased is against Anuj Yadav and other accused persons who had opened firing to others namely Brajesh, Rajendra and Manish but there is no accusation against the petitioner either of firing or giving order; the petitioner has been implicated due to dispute with informant's side the petitioner has no criminal antecedent.

Having considered the said facts and circumstances, as there

Patna High Court Cr.Misc. No.38664 of 2018 (2) dt.04-07-2018 is no specific accusation against the petitioner so the petitioner, namely, Sukhdeo Yadav is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Khagaria in connection with Khagaria (Muffasil) PS Case No. 206 of 2018. (Arun Kumar, J) Snkumar/- U T