Patna High CourtCR. MISC./55431/2018bail granted

Pintu Yadav And ORS v. The State Of Bihar

2018-11-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55431 of 2018 Arising Out of PS. Case No.-206 Year-2018 Thana- KHAGARIA District- Khagaria ======================================================

1. Pintu Yadav s/o Late Brahmdeo Yadav

2. Subhash Yadav s/o Late Arun Yadav

3. Sadho Yadav s/o Late Asharfi Yadav

4. Santosh Yadav s/o Sadho Yadav All are r/v-Barkhandi Tola, P.S. - Muffasil, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in Khagaria (Muffasil) P.S. Case No. 206/2018, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 and 448 of the Indian Penal Code and section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that petitioners are merely members of the unlawful assembly. There is case and counter case between the parties. The counter case has been filed by the co-accused Rajendra Yadav against the informant and other vide Khagaria (Muffasil) P.S. Case No.

Patna High Court Cr.Misc. No.55431 of 2018(3) dt.27-11-2018 2/2 866/2017. In the instant case there is specific allegation of causing fire-arm injury to the deceased Rahul against coaccused Rajendra Yadav. Rajendra Yadav is also alleged to have caused fire-arm injury to the informant's another brother. The petitioners are alleged to be only the members of unlawful assembly. They are in custody since 18.07.2018. Considering the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 206/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) vinita/- U T