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Patna High CourtCR. MISC./77329/2018bail granted

Rajnish Kumar v. The State Of Bihar

2019-04-12Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77329 of 2018 Arising Out of PS. Case No.-475 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Rajnish Kumar, S/o Krishna Sao, Resident of Mohalla Unta Madarpur, P.S. Distt. - Jehanabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 80810 of 2018 Arising Out of PS. Case No.-475 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Dilip Yadav, S/o Merha Yadav @ Chandar @ Ram Chandra Yadav, resident of Village - Unta Madarpur, P.S. Jehanabad, District Jehanabad ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 77329 of 2018) For the Petitioner/s :

Mr. Om Prakash Mishra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 80810 of 2018) For the Petitioner/s :

Mr. Krishna Singh, Sr. Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is general and omnibus allegation against nine named and five unknown accused persons to have committed assault with different weapon to Vinod Kumar. Specific allegation is against accused B.C. Yadav to have caused firearm

Patna High Court CR. MISC. No.77329 of 2018(3) dt.12-04-2019 2/2 injury to the deceased.

The Doctor has found sharp cut wounds at the head of the deceased besides sharp cut wound at the elbow and a firearm injury with blackening mark near the neck. Submission is that co-accused Kundan Kumar, having general and omnibus allegation, has already been allowed bail by a Coordinate Bench of this Court vide order dated 24.01.2019 passed in Cr. Misc. No. 70724 of 2018. Petitioners are in custody since 09.07.2018 and they are ready to cooperate with the trial.

Considering the facts aforesaid, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Jehanabad Police Station Case No. 475 of 2018, subject to the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/- U T