Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35515 of 2016 Arising out of P.S. Case No. - 17 Year - 2016 Thana - MARANCHI District - PATNA ====================================================== Sanjay Yadav, Son of Late Kishun Yadav, Resident of Village - Sherpur, P.S. Maranchi District Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 22.04.2016 in connection with Maranchi P.S. Case No. 17 of 2016 for the offences instituted under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence the son of the informant, namely, Umesh Sahani along with some Sahani family went to fishing at Ganga river, in the meantime, the accused persons including the petitioner reached there and made fire upon his son as a result of which he succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.04.2016 and the charge sheet

Patna High Court Cr.Misc. No.35515 of 2016 (3) dt.24-10-2016 2/2 has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. No specific injury has been attributed against the petitioner. Other co-accused, namely, Chunni Yadav @ Uday Yadav and Bikash Kumar @ Bikash Yadav have been granted bail by a co-ordinate Bench of this Court vide orders dated 19.10.2016 and 20.09.2016 passed in Cr. Misc. Nos. 45403 of 2016 and 33056 of 2016. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate1st Class, Barh, Patna in connection with Maranchi P.S. Case No. 17 of 2016.

Kundan (Sudhir Singh, J.) U T