Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51283 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- CHANDI District- Nalanda ====================================================== SHANKAR YADAV Son of Krishna Yadav Resident of Village - Kesaura, P.S.- Chandi, Distt - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 302, 120B and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in her written complaint has alleged that on 07.04.2019 at about 10:30 am when she was inside her house she heard the sound of firing and saw the FIR named accused persons variously armed making indiscriminate firing. It has been further alleged that at the instigation of Kamlesh Yadav and Akhilesh Yadav, Nalesh Yadav fired from his revolver which hit her Father-in-Law as a result of which he died. It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner.

Patna High Court CR. MISC. No.51283 of 2019(3) dt.30-09-2019 2/2 There is no allegation of any specific overt act against the petitioner. Petitioner has got no criminal antecedent and is in custody since 28.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Chandi P.S. Case No. 116 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U