Chandar Yadav And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.11161 of 2017 (2) dt.10-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11161 of 2017 Arising Out of PS.Case No. -157 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Chandar Yadav,

2. Sona Yadav,

3. Arvind Yadav, All are sons of Pulish Yadav, resident of Village- Ratan, P.S.- Gogri, Distt- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Roshan Kumar Mishra, Adv. For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2017 Heard both sides.

The petitioners seek bail in Gogri S. Case No. 157/2016, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Jitesh Kumar Yadav the informant alleged that his father was going along with Beejo Yadav and when they reached near the Suneel Prakash brick kiln, Nanhu Yadav, Bucho Yadav and Sarjan Yadav came on a motorcycle. Bucho Yadav and Sarjan Yadav made firing on his father and his father fell down on the ground. It is further alleged that Bucho Yadav again fired which it on the head of his father and his father fell down on the ground. In the meantime, Sona Yadav, Arvind Yadav, Chandar Yadav and

Patna High Court Cr.Misc. No.11161 of 2017 (2) dt.10-03-2017 Pulish Yadav came there and they all made firing on the head of the father of the informant.

Learned counsel for the petitioner submits that there is no specific allegation of firing against the petitioners. Bucho Yadav and Sarjan Yadav are alleged to have fired which hit the father of the informant and thereafter four persons are alleged to have fired, but only two injuries are found on the head of the deceased. One is attributed to Bucho Yadav and another is attributed to Sarjan Yadav. No other fire-arm injury was found on the persons of the deceased. It is further submitted that Pulish Yadav co-accused has been granted bail vide order dated 04.02.2017 passed in Cr. Misc.2428/2017 Considering the facts aforesaid, the petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 157/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T