Rahul Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.62457 of 2017 (2) dt.10-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62457 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Rahul Yadav S/o Kailash Yadav, R/o Village- Latra, P.S.- Gopalpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ajay Kumar - I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-01-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Naugachia PS Case No. 149 of 2016 registered under Sections 302, 120B, 147, 148, 149 of the IPC and Section 27 of the Arms Act. The allegation is that all 12 FIR named accused persons in the early morning indiscriminately opened firing to the brother-inlaw of the informant due to enmity in the Panchayat election as a result of which he succumbed to the injury.

Learned Counsel for the petitioner submits that the petitioner is not named in the FIR and except disclosure of his name by one of the co-accused Nand Kishore Mahto, there is no other material against him. The allegation of firing is against 12 FIR named accused persons. Petitioner is in custody since 15.7.2017. Having considered the said facts and circumstances, the petitioner, namely, Rahul Yadav is directed to 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 lst Additional Sessions Judge, Naugachia (Bhagalpur) in connection with Naugachia PS Case No. 149 of 2016 (Sessions Trial No. 543 of 2017.

(Arun Kumar, J.) Snkumar/- U T