Bijay Yadav @ Bijal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51474 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51474 of 2014 Arising Out of PS.Case No. -207 Year- 2014 Thana -SALKHUA District- SAHARSA ======================================================

1. Bijay Yadav @ Bijal Yadav S/o Raso Yadav Resident of Village Kabira, P.S. Salkhua, District Saharsa................... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Salkhua P.S. Case No. 207 of 2014 registered for the offences punishable under Sections 307, 504, 506, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, in PACS election the petitioner along with 10-12 persons came there, the petitioner told Hare Ram Yadav that nephew of enemies is going, so kill him and then Hare Ram Yadav fired which hit the informant and the informant fell down and then Shushil Kumar also fired which hit Kamleshwari Jha.

Submission is that there is case and counter case, the case of the petitioner is of earlier and this case is counter blast.

Patna High Court Cr.Misc. No.51474 of 2014 (2) dt.03-03-2015 The petitioner has been alleged to be an order giver and as such, he deserves sympathetic consideration as he is suffering in custody since 20.10.2014 having no criminal antecedent to which the learned APP opposes.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sanjeev Kumar, J. M. Ist Class, Saharsa in connection with Salkhua P.S. Case No. 207 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T