Patna High CourtCR. MISC./51271/2014bail granted

Pawan Yadav v. The State Of Bihar

2015-09-02Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49809 of 2014 Arising Out of PS.Case No. -637 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Ghanshyam Yadav son of Late Sonu Yadav resident of Village - Rajeev Nagar Colony, Darari, Police Station - Barari, District - Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== ---With--- Criminal Miscellaneous No.51271 of 2014 Arising Out of PS.Case No. -637 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Pawan Yadav Son of Shankar Yadav R/o Village Rajeev Nagar colony, Barari, P.S. Barari, District Bhagalpur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.49809 of 2014) For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) (In Cr.Misc. No.51271 of 2014) For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Ambika Bhagat(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners of both the applications are accused in connection with Kotwali (Barari) P.S. Case No. 637 of 2014 registered under Sections 302, 2091, 120(B)/34 of the I.P.C. and

Patna High Court Cr.Misc. No.49809 of 2014 (4) dt.02-09-2015 2/3 3(ii)(v) of the SC/ST (prevention of atrocities) Act. Therefore, both applications are being heard together and disposed of by this order.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the petitioners are not named in the F.I.R., as he did not call the deceased Chandan Chaudhary, husband of the informant Priti Devi from his house rather it has been stated by Prity Devi that Ritesh Choudhary informed to Sanjay Choudhary about causing death of Chandan Choudhary, but the informant disclosed the name of petitioners also showing involvement in the occurrence in the F.I.R. It is further submitted that the statement of Ritesh Choudhary, as detailed in paragraph no.7 of the case diary, shows that he informed about the occurrence to Suman Kumar that Nakul Yadav and Sarwan Yadav dragged Chandan Choudhary, husband of the informant. Further, learned counsel for the petitioners submits that petitioners, having no criminal antecedent, are in custody since 04.10.2014 and 13.09.2014 respectively.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with

Patna High Court Cr.Misc. No.49809 of 2014 (4) dt.02-09-2015 3/3 two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 637 of 2014.

(Rajendra Kumar Mishra, J.) Shail/- U T