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Patna High CourtCR. MISC./68008/2019bail granted

Sulo Yadav @ Surendra Yadav v. The State Of Bihar

2019-10-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68008 of 2019 Arising Out of PS. Case No.-61 Year-2014 Thana- CHANAN District- Lakhisarai ====================================================== SULO YADAV @ SURENDRA YADAV, aged about 40 years, Gender-Male, Son of Bachchu Yadav, Resident of Village-Banshipur (Mat Kunwar), Rai Kundi, P.S.-Kiul, District-Lakhisarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Mrigendra Kumar, Advocate.

For the Opposite Party :

Mr.Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 307/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the work was going on at Railway Platform of Banshipur Railway Station some days back and the informant was working as labourer and his father was working as Munshi. On 20.07.2014 at 4.00 P.M. 3-4 unknown miscreants armed with deadly weapons came and started firing at the informant's father by dragging him to eastern side from Railway Station. The informant's father sustained injuries on his cheek, abdomen and wrist and he fell on the ground. The informant raised hulla, then nearby people and labourers gathered and the miscreants fled away. The

Patna High Court CR. MISC. No.68008 of 2019(2) dt.24-10-2019 2/2 injured was brought to Sadar Hospital, Lakhisarai for treatment. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 20.07.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confession of co-accused. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Lakhisarai, in connection with Chanan P.S. Case No. 61 of 2014.

(Sudhir Singh, J) U.K./- U T