Patna High CourtCR. MISC./3537/2018bail granted

Rajesh Yadav And ANR v. The State Of Bihar

2018-02-15Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3537 of 2018 Arising Out of PS.Case No. -410 Year- 2016 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Rajesh Yadav,

2. Fantus Yadav, Both sons of Late Kamleshwari Yadav @ Kamo Yadav, Resident of Village- Auliabad, P.S.- Bihpur (Jhandapur), DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Sevak Choudhary For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-02-2018 Heard the counsel for the petitioners and the A.P.P. for the State.

Petitioners seek regular bail in Bihpur (Jhandapur) P.S. Case No.410 of 2016 instituted for the offence under Section 302/34 of the I.P.C. and Section 27 of the Arms Act. Informant is the son of the deceased who in his written complaint has stated that his father had gone on Jugar vehicle with his younger brother Sanjit Yadav to purchase fertilizer and on 27.11.2016 while his father was returning four miscreants, namely, Lalan Yadav, Fantus Yadav, Rajesh Yadav and Kailu Yadav dragged his father in a ditch and they shot him causing injury on his head and chest and after hearing sound of firing

Patna High Court Cr.Misc. No.3537 of 2018 (3) dt.15-02-2018 2/2 villagers assembled there. He came to know about killing of his father by his family members at 5 P.M. and he along with his family members arrived the place of occurrence and saw his father dead.

It has been submitted by the petitioners that the informant is not an eye witness and he has not disclosed that from which source he came to know about killing of his father.One coaccused, Lalan Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 19.07.2017 passed in Cr.Misc. No.22388.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the A.C.J.M. 1st, Naugachia, in Bihpur (Jhandapur) P.S.Case No.410 of 2016 (G.R.No.1298 of 2016).

(S. Kumar, J) AnilKrSinha/- U