Chandradev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85967 of 2023 Arising Out of PS. Case No.-492 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
Chandradev Yadav S/o- Baiku Yadav 2.
Bibha Devi W/o- Chandradev Yadav Both R/o- Kailashpur, Ward no. 4, P.S- Muffasil Sighaul, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Chandra, Advocate For the Opposite Party/s :
Ms. Rita Verma, Advocate For the Informant : Ms. Prerna Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Muffasil P.S. Case no.492 of 2023 registered under sections 302, 307 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, it is stated that over a trivial dispute, on the orders of petitioner no.1, his wife got three pistols and handed it over to their sons. As a result of firing resorted to by the three sons, it is stated that two persons were injured while one person died.
4. Learned counsel for the petitioners submits that the allegation of firing is not on the petitioners but on their three sons. The petitioners are in custody since 18.8.2023 and
Patna High Court CR. MISC. No.85967 of 2023(3) dt.19-03-2024 2/2 21.8.2023 respectively. Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioners are named in the F.I.R. but they were active participants in the occurrence having given orders and instigated the other accused to shoot down the informant and others. It was the petitioner no.2 who supplied the weapons and in the F.I.R., it has been stated that it was all the five accused who resorted to indiscriminate firing resulting in the death of Vikash Yadav.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the petitioners being in custody since 18.8.2023 and 21.8.2023 and chargesheet having been submitted in the case, the Court directs both the petitioners to be enlarged on bail in connection with Muffasil P.S. Case no.492 of 2023 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) Saurabh/- U