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Patna High CourtCR. MISC./48660/2019bail granted

Rajniti Yadav v. The State Of Bihar

2019-08-09Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48660 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- GHOSWARI District- Patna ====================================================== 1.

RAJNITI YADAV Son of Late Suresh Yadav Resident of Village - Isha Nagar, P.S.- Ghoshwari, District- Patna 2.

Vikky Yadav Son of Jhallu Yadav Resident of Village - Isha Nagar, P.S.- Ghoshwari, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Ms. Usha Kumari No. 1 For the Stage : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2019 Learned counsel for petitioners is given liberty to make necessary correction in para 9 of bail petition. Heard the learned counsel for the petitioners, informant and the learned A.P.P. for the State. The petitioners seek bail in Ghoshwari P.S. Case No. 57/2018, instituted for offence under Section(s) 147, 148, 149, 302 and 120(B) of the Indian Penal Code read with Section 27 of Arms Act.

It is alleged in the written report that on the date of occurrence while informant along with his brother was going towards Lathia More for natural call, petitioners along with other accused persons arrived there on two motorcycles. It is

Patna High Court CR. MISC. No.48660 of 2019(2) dt.09-08-2019 2/3 alleged that petitioners caught hold the brother of informant and co-accused Madhu Yadav fired shot on his head and chest. It is further alleged that co-accused Sadhu Yadav came on horse and made indiscriminate firing.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against these petitioners in the written report. There is no allegation of firing against these petitioners.

Learned counsel for informant has opposed the prayer for bail of petitioners.

Petitioners are in custody since 02.05.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Barh, Patna, in connection with Ghoshwari P.S. Case No. 57/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T

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