Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62890 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- BELDOUR District- Khagaria ====================================================== ASHOK YADAV Son of Barelal Yadav Resident of Village - Kainjari, P.S.- Beldour, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is seeks bail in connection with Beldaur P.S. Case No.92/2019 registered under Sections 120B,302/34 of the IPC and 27 of the Arms Act.

Allegation as per FIR is that petitioner and 7-8 unknown accused persons on the basis of written report of informant Sanjay Bhagat alleging therein that on 23.5.2019 at 09.45 PM while he was going to Garha Bahiyar to fetch food to his father and as soon as he reached near Musahari, petitioner Ashok Yadav met and accompanied with him. When he reached near his field, he saw that 7-8 persons were coming with torch light. It is further alleged that petitioner fastly proceeded ahead, talked with them and till then he gave food to his father and went at some distance of the maize field. It is further alleged that till then petitioner came to him and in the meantime the culprits who were coming with torch light reached near

Patna High Court CR. MISC. No.62890 of 2019(3) dt.20-11-2019 2/2 his father and began to assault him with lathi as a result of which his father raised alarm and then the accused persons made two rounds firing and committed murder of his father. Thereafter accused persons went away from there. It is further alleged that the petitioner had several times threatened informant to kidnap and kill him. Learned counsel for the petitioner submits that petitioner has falsely been implicated merely on suspicion. There is no material in the case diary. Learned counsel for the petitioner further submits that he is in jail custody since 25.05.2019. Further submits that witnesses at paragraph 7, 8, 32 are hearsay witnesses. Petitioner has got no criminal antecedent.

In the facts and circumstances of the case, let the petitioner above named 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 Judicial Magistrate, Ist Class, Khagaria in connection withBeldaur P.S. Case No.92/2019. (Anjani Kumar Sharan, J) Prakash Narayan /- U T