Patna High CourtCR. MISC./38552/2015bail granted

Dharambir Yadav And ANR v. The State Of Bihar

2015-09-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38552 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -BASNAHI District- SAHARSA ======================================================

1. Dharambir Yadav Son of Harshu Yadav

2. Kailash Yadav son of late Yugeshwar Yadav Both resident of Village Mokma Tola, Bijulia, Police Station Basnahi, District Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Binod Kumar Sinha, Advocate.

For the Opposite Party : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2015 Heard both sides.

The petitioners seek bail in a case registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. The informant, mother of the deceased named ten persons including the petitioners Dharambir Yadav and Kailash Yadav and alleged that all the accused persons caught her son Hari Yadav dragged him outside the door and thereafter Pankaj Yadav, Deepak Yadav, Mithun Yadav and Ramdev Yadav have fired killing his son on the spot. The petitioners and others are alleged to have fled away after making firing.

Submission is that no specific allegation of assault is made against the petitioners. The petitioners are not the assailants

Patna High Court Cr.Misc. No.38552 of 2015 (2) dt.04-09-2015 2/2 of the deceased. Similarly situated co-accused Rajo Yadav and Harshu Yadav have already been enlarged on bail. Considering the facts aforesaid, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Saharsa in Basnahi P.S. Case No. 44 of 2014, corresponding to Sessions Trial No. 216 of 2015. (Prabhat Kumar Jha, J.) KKSINHA/- U T