Rahul Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8272 of 2018 Arising Out of PS.Case No. -532 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Rahul Yadav S/o. Rajaram Yadav,
2. Sunil Yadav S/o. late Mohit Yadav, Both are resident of village-Nanhku Mandal Tola, P.S. Muffasil, District- Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are in custody in connection with Khagaria (Muffasil) P.S. Case No.532 of 2017, a case under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation of commission of fire-arm injury, which resulted in death of the husband of the informant, is against co-accused Raja Ram Yadav. The petitioners were also present along with Raja Ram Yadav. However, no overt-act is alleged against the petitioners.
Learned counsel for the informant opposed the prayer on the ground that the petitioners have got criminal
Patna High Court Cr.Misc. No.8272 of 2018 (2) dt.12-02-2018 P2/ antecedent and in the pre-planned manner they have committed murder in presence of the eyewitness.
Considering the fact that since no overt-act is alleged against the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Mkr./- U T