Kranti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76538 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- HUSSAINGANJ District- Siwan ====================================================== Kranti Yadav son of Umesh Yadav, Resident of Village- Sultanpur, P.S. Andar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Hussainganj P.S. Case No. 48/2018, instituted for offences under Section(s) 147, 148, 149 and 302 of the Indian Penal Code read with Section 27 of Arms Act.

It is alleged in the written report that on 05.03.2018 brother of informant Suresh Yadav along with his son Mantu Yadav and other relatives had come at Srinagar, Siwan at his Sasural and they were returning to house. It is alleged that Suresh Yadav called the informant on his mobile that Mukesh Yadav along with this petitioner and other accused persons, as named in the written report, armed with pistol were chasing him. After sometime Suresh Yadav telephonically informed the

Patna High Court CR. MISC. No.76538 of 2018(4) dt.06-03-2019 2/3 informant that all the accused persons after causing firearm injury escaped at Kutub Chapra. It is further alleged that one year prior to the occurrence brother of informant had given Rs. 50,000/- to the petitioner as loan but he always avoided to make payment on demand.

Learned counsel for the petitioner has submitted that in para 11 of case diary police has recorded the statement of son of deceased, namely, Mantu Yadav, wherein he has levelled specific allegation against Mukesh Yadav of causing firearm injury to the deceased.

Learned Addl. P.P. has submitted that five other cases are pending against petitioner.

Learned counsel for the petitioner has submitted that in all those cases petitioner is on bail.

The other co-accused Taiyab Mian @ Ashraf @ Taiyab has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 69550/2018 dated 17.12.2018. Petitioner is in custody since 06.07.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. 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

Patna High Court CR. MISC. No.76538 of 2018(4) dt.06-03-2019 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 48/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T