Bibhishan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55868 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Bibhishan Yadav Son of Late Maheshwari Yadav Resident of villageMouzampatti, P.S. B.Kothi (Raghubansh Nagar), District- Purnea. 2.

Abhishan Yadav Son of Late Maheshwari Yadav Resident of villageMouzampatti, P.S. B.Kothi (Raghubansh Nagar), District- Purnea. 3.

Mithilesh Yadav Son of Late Shiv Kumar Yadav Resident of villageMouzampatti, P.S. B.Kothi (Raghubansh Nagar), District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 506, 210B of the Indian Penal Code, 3⁄4 of Explosive Substances Act and 27 of the Arms Act.

The prosecution case in short is that one night while the father of the informant after inaugurating the cultural programme on the occasion of Sarswati Puja proceeded on four wheeler, in the way, the accused persons along with 20/25 unknown persons having armed with deadly weapons, started indiscriminate firing and exploded bomb on the vehicle, due to which, left leg of informant's father blasted and other persons

Patna High Court CR. MISC. No.55868 of 2019(2) dt.03-09-2019 2/2 sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 20-04-2019. Charge sheet has already been submitted. Dileep Yadav, Akhilesh Yadav and Bhushan Yadav are said to have injured the victim. There is no allegation against the petitioners of causing injury to the victim. Hence, no offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara (Raghubanshnagar) P.S. Case No. 39 of 2019.

(Sudhir Singh, J) A.K.V.//- U T