Sharma Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57042 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

SHARMA NAND YADAV, aged about 66 years, Male, S/o Anup Lal Yadav @ Babaji Yadav, R/o village- Bhikhari Ghat, P.S.- Alauli, District- Khagaria 2.

Bimal Choudhary, aged about 30 years, Male, S/o Narayan Choudhary, R/o village- Pakilpar, P.S.- Bihariganj, District- Madhepura ... Petitioners

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Babita Kumari, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek bail in connection with Barhara (Raghubanshnagar) P.S. Case No. 62 of 2019, registered under Sections 302, 120B and 34 of the Indian Penal Code and 27 of the Arms Act.

Submission is that it would appear from the first information report that both the petitioners are not named in the first information report. In course of investigation, the names of both the petitioners have surfaced in the confessional statement of co-accused, Bachha Yadav, as detailed in paragraph 201 of the case diary without any specific overt act. Both the petitioners have no criminal antecedent and are in custody since

Patna High Court CR. MISC. No.57042 of 2019(3) dt.11-12-2019 2/2 04.04.2019. More so, the police has submitted the charge sheet, after investigation, against the petitioners. Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Barhara (Raghubanshnagar) P.S. Case No. 62 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate, II, Purnea, (Rajendra Kumar Mishra, J) Shamshad/- U T