Photo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26571 of 2015 Arising Out of PS.Case No. -153 Year- 2014 Thana -SALKHUA District- SAHARSA ======================================================

1. Photo Yadav S/O Late Mukho Yadav Resident of Village Raghunathpur P.S. Sahebpur Kamal, District Begusarai at Present Village Kharoriya P.S. Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is languishing in jail since 27.3.2015 in a case registered for the offences punishable under Sections 147,148,149 and 302/34 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case is that 11 persons including the petitioner came variously armed, surrounded the husband of the informant when co accused Sachin Yadav and Ajit Yadav fired causing injury to the husband of the informant who died on the spot.

It is submitted that specific accusation of causing fire arm injury is against co accused Sachin and Ajit and, at best, the

Patna High Court Cr.Misc. No.26571 of 2015 (2) dt.27-07-201 2/25 petitioner is member of mob. It is further submitted that the investigation has already concluded.

Considering the fact that there is no overt act alleged against the petitioner, let the above named petitioner be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Saharsa in connection with Salkhua P.S. Case No. 153 of 2014.

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