Vipin Yadav @ Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80073 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- RANIGANJ District- Araria ====================================================== VIPIN YADAV @ BIPIN YADAV Son of Chhedi Yadav @ Chedhi Lal Yadav Resident of Village - Bharna, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that the accused persons, variously armed, caused death of the brother of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Though the petitioner is alleged to have fired on the head of the deceased but there is no such

Patna High Court CR. MISC. No.80073 of 2019(3) dt.17-03-2020 2/2 injury on the head of the deceased. The post-mortem report does not corroborate with the allegation made in respect to the petitioner. As per the allegation, Kranti Yadav fired which hit on the neck of the deceased which is corroborated by the postmortem report. Rupesh Yadav fired which hit on the ear of the deceased and third injury is also found on the ear of the deceased but as per the post-mortem report, there is no injury on the head.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Raniganj P.S. Case No. 134 of 2019.

(Sudhir Singh, J) Pankaj/- U T