Rahul Kumar @ Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39818 of 2015 Arising Out of PS.Case No. -271 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== Rahul Kumar @ Rahul Yadav Son of Naresh Yadav Resident of Village Maranga, Kharanja Road, Police Station K. Hat (O.P. Maranga) District Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. B.Ram (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is languishing in custody since 16.5.2015in connection with K.Hat (Sahayak) P.S. Case No. 271 of 2015 for the offences under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in brief, is that while the informant along with his brother Chandra Prakash @ Chintu was selling cloths in their cloth shop on 24.4.2015 at about 10.30 A.M., accused persons including the petitioner and 8-10 unknown persons armed with pistols came to the shop and taken his brother Chandra Prakash out of the shop and accused Chhotu Yadav alias Dhananjay fired from his pistol upon his brother Chandra Prakash and after taking his brother to some distance all

Patna High Court Cr.Misc. No.39818 of 2015 (3) dt.14-10-2015 2/2 the other accused fired upon him indiscriminately as a result of which his brother died on the spot.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 16.5.2015 and the charge sheet has been submitted in the case. The specific allegation is against one Chhotu Yadav alias Dhananjay. No specific injury is attributed against the petitioner. General and omnibus allegation has been made against the petitioner. Co-accused Binay Sah @ Binay Kumar @ Vinay Kumar has been granted anticipatory bail by this Court in Cr. Misc. No. 29258/2015.

On behalf of the State it is stated 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 Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 271 of 2015.

(Sudhir Singh, J) S.Pandey/- U T