Bhushan Ydav @ Shashi Bhushan Kumar @ Chandra Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62000 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== BHUSHAN YDAV @ SHASHI BHUSHAN KUMAR @ CHANDRA BHUSHAN YADAV, Son of Bharat Yadav @ Bharat, Resident of VillageChaprottar, Nemuabad, P.S.- Pandarak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 05.06.2019 in a case registered for the offences punishable under Sections 147, 148, 149, 302, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the petitioner along with co-accused, Udai Yadav, Chintu @ Manoj Yadav, Vijay Yadav and Suresh Yadav, surrounded and caught hold of the husband

Patna High Court CR. MISC. No.62000 of 2019(2) dt.23-10-2019 2/3 of the informant, namely, Jugo Rai, whereupon, co-accused, Udai Yadav and Vijay Yadav fired upon informant's husband, as a result, the husband of the informant died at the spot. The accused persons also robbed the wheat crops and a tractor of the informant.

It is submitted by learned counsel for the petitioner that the accusation of firing has not been levelled against the petitioner and the accusation of committing robbery of wheat crops and a tractor appears to be very unreasonable. It is further submitted that though the petitioner is accused in one other case apart from the present case, but in that case, he is on bail, and moreover, the investigation has already been concluded.

Learned APP for the State submits that the petitioner along with other co-accused persons killed the husband of the informant.

Considering the specific accusation of firing levelled against co-accused, Udai Yadav and Vijay Yadav and the fact that investigation has already been concluded, let the above named petitioner 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 learned CJM,

Patna High Court CR. MISC. No.62000 of 2019(2) dt.23-10-2019 3/3 Begusarai, in connection with Bachwara P.S. Case No.62 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T