Patna High CourtCR. MISC./62509/2018bail granted

Mahraj Yadav v. The State Of Bihar

2018-10-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62509 of 2018 Arising Out of PS.Case No. -32 Year- 2015 Thana -BAUNSI District- BANKA ======================================================

1. Mahraj Yadav son of Prem Lal Yadav, Resident of Village- Raseja Pathar, P.S. Katoria, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Heard the parties.

The petitioner seeks bail in S.Tr.No.217 of 2015 arising out of Baunsi (Bandhua Kuraba) P.S. Case No.32 of 2015 registered for the offence under Sections 302/34 of I.P.C. and Section 27 of Arms Act.

Accusation is that while on 25.03.2015 at 6 P.M. the informant Pankaj Kumar Yadav, along with his father Shyam Sunder Yadav and uncle, Suresh Yadav were returning from the market and as soon as they reached near Pulia of Chandan Canal in the village-Tiwaridih, accused Mukesh Yadav, Hareram Yadav, Kangress Yadav, Maharaj Yadav, Hanshraj Yadav caught hold of the father of the informant and Umesh Yadav fired on the back of his father causing death. Thereafter when the informant raised

Patna High Court Cr.Misc. No.62509 of 2018 (2) dt.08-10-2018 2/2 alarm upon which people of the vicinity gathered accused persons fled away. The cause of the occurrence is old enmity between the parties.

Submission on behalf of the petitioner is that there is specific allegation of firing on the deceased is against co-accused Umesh Yadav and not against the petitioner. He is in custody since 11.06.2018 having no criminal antecedent. Heard the learned A.P.P. also who opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.D.J.-IV, Banka, in S.Tr.No.217/15 arising out of Baunsi(Bandhua Kuraba) P.S. Case No.32/15 /G.R.No.597/15.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U