Birendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72519 of 2018 Arising Out of PS. Case No.-101 Year-2016 Thana- NAUHATTA District- Rohtas ====================================================== Birendra Yadav, S/o Sri Shiv Prasad Yadav @ Jhanjhat Yadav, R/o VillageBrkabudhuwa, P.S. Rohtas, Distt.-Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deovind Kumar Singh For the Opposite Party/s :
Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Nauhatta P.S. Case No. 101 of 2016, instituted for the offences under Sections 147, 148, 149, 341, 323, 302, 120(B), 504,506 of the IPC and Section 27 of the Arms Act and Section 13,14,16,18,20 of the U.A.P. Act. It is alleged in the written report that uncle of the informant namely Gauri Yadav along with Balister Yadav went towards northern side of the village for grazing their animals. It is further alleged that at about 7.00 pm Balister Yadav came to the village and informed that they have been caught hold by the persons, who were armed with fire arms and he succeeded to save himself. It has been further alleged that after sometime they heard the sound of firing but due to night nobody went to
Patna High Court Cr.Misc. No.72519 of 2018(2) dt.06-12-2018 2/2 the place of occurrence. They went to jungle near knowa baba on the next day in the morning and found the dead body of Gauri Yadav. The informant levelled allegation against this petitioner in the written report.
Learned counsel for the petitioner has submitted that there is no eye-witness of the occurrence. It has further been submitted that the other suspect of this case has already been granted regular bail by coordinate Bench of this Court vide order dated 14.07.2017 passed in Cr. Misc. No. 32902 of 2017. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Dehri, in connection with Nauhatta P.S. Case No. 101 of 2016. Both the bailors will be close relative of petitioner. (Sanjay Priya, J) khushbu/- U T