← Library
Patna High CourtCR. MISC./64138/2019bail granted

Satyam Kumar @ Lalloo Yadav v. The State Of Bihar

2019-10-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64138 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- SARMERA District- Nalanda ====================================================== Satyam Kumar @ Lalloo Yadav S/o Raj Ballabh Yadav R/o village- Lodipur, P.S.- Kusumbha O.P., District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar, Advocate.

For the Opposite Party/s :

Mr.Ranvijay Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sarmera P.S. Case No. 117 of 2019, registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that informant, Jitu Kumar, along with his father, Manohar Yadav, was going to market but in the way, Dhanushdhari Yadav, Satyam Kumar (petitioner) and Rjballabh Yadav surrounded the informant and his father and started to abuse. In the meantime, Dhanushdhari Yadv shot fire at the chest of father of the informant, who died on spot. Thereafter, all fled away. The cause of occurrence is that

Patna High Court CR. MISC. No.64138 of 2019(2) dt.22-10-2019 2/2 marriage of sister of informant was performed with the petitioner but petitioner, in spite of much request, did not take his sister in Bidai.

Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act has been attributed him, in fact, only allegation has been made against co-accused, Dhanusdhari Yadav to shot fire at the chest of father of the informant. Further submission is that petitioner, who is student, has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Sarmera P.S. Case No. 117 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T