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Patna High CourtCR. MISC./55207/2018bail granted

Rajdhar Yadav v. The State Of Bihar

2018-09-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55207 of 2018 Arising Out of PS. Case No.-186 Year-2017 Thana- NAUGACHIA District- Bhagalpur ====================================================== Rajdhar Yadav S/o Late Matru Yadav, R/o Vill.- Latra, P.S.- Gopalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 55381 of 2018 Arising Out of PS. Case No.-186 Year-2017 Thana- NAUGACHIA District- Bhagalpur ====================================================== Rupesh Yadav, Son of Late Pulkit Yadav, Resident of Village- Latra, Police Station- Gopalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In Criminal Miscellaneous No. 55207 of 2018) For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Sri Uday Pratap Singh (In Criminal Miscellaneous No. 55381 of 2018) For the Petitioner/s :

Mr. Dilip Kumar For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-09-2018 Both the petition arises out of same P. S. case and as such they are clubbed together and are being disposed of by this common order.

Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Naugachia P. S. Case No. 186 of 2017 instituted for the offence under Section(s) 147,

Patna High Court Cr.Misc. No.55207 of 2018(2) dt.20-09-2018 2/2 148, 149, 302 and 120B Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that petitioners are not named in the written report.. There are specific allegation against the accused persons named in the written report of having caused fire arm injury to the deceased. The name of these petitioners has come in paragraph nos. 32 and 33 of the case diary during investigation in the statement of the witnesses after lapse of one month as mentioned in the impugned order.

Petitioners are in custody since 26.5.2018.

Considering the aforesaid, let the petitioners of both the cases, namely, Rajdhar Yadav and Rupesh Yadav be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM-II, Naugachia, Dist. Bhagalpur in connection with Naugachia P. S. Case No. 186 of 2017 subject to the condition that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) shyambihari/- U T