Sharwan Yadav @ Sarwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48396 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Sharwan Yadav @ Sarwan Yadav Son of Late Bhagwan Yadav @ Gholti Yadav @ Golti Yadav Resident of Village - Dhobiniya, P.S.- Naugachia, District - Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 307, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons along with other unknown criminals surrounded the informant and his brother and started indiscriminate firing upon them. The bullet hit to informant's brother Mankeshwar Yadav, as a result of which his brother died on the spot. The informant was taken to the Hospital for treatment.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.01.2019 and has got no

Patna High Court CR. MISC. No.48396 of 2019(2) dt.02-08-2019 2/2 criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in re-statement of the informant. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Judicial Magistrate 1st, Naugachia, District Bhagalpur in connection with Dholbajja (Kadwa) P.S. case No.11 of 2018.

(Sudhir Singh, J) Narendra/- U T