Murari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56398 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- SARMERA District- Nalanda ====================================================== MURARI YADAV Son of Sargun Yadav @ Sargon Yadav, Resident of Village - Kumhara, P.S. - Ghosbari, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Bihar Prohibition and Excise Act, 2016 and Section 27 of the Arms Act.

The petitioner is not named in the FIR. However, according to FIR, ten FIR named and some unknown accused on the point of firearm, dragged to the son of the informant from a motorcycle and took him to the field side and caused injury and death. The postmortem report would reveal that the Doctor has found four wounds of entry on different parts of body of the deceased.

Submission is that, in fact, informant has not named this petitioner.

Patna High Court CR. MISC. No.56398 of 2019(3) dt.13-12-2019 2/2 Learned counsel for the informant opposed the prayer for bail that the petitioner was the man behind the entire occurrence.

Considering the lack of direct material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sarmera Police Station Case No. 72 of 2019, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T