Munna Yadav @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75548 of 2018 Arising Out of PS. Case No.-115 Year-2018 Thana- OBRA District- Aurangabad ====================================================== Munna Yadav @ Munna Kumar, son of Surendra Singh, Resident of VillageChapra, P.S.- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Obra P.S. Case No.115 of 2018 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. He has clean antecedents.

In the written report, it is alleged that nephew of the informant had gone outside the house. It is alleged that one Shivam came thereafter to the house at 7.30 PM with mobile of nephew of the informant and told the informant that he is with his friend near Satiyare temple. The informant got information in the night at 8.45 PM that firing has taken place at Satiyare

Patna High Court Cr.Misc. No.75548 of 2018(3) dt.20-02-2019 2/2 Ghat and one person has sustained gun shot injury, who has died. The informant went to place of occurrence and found his nephew lying dead.

The petitioner is not named in the written report. During investigation, name of the petitioner has been taken by Babua Chaudhary in his confessional statement. Counsel for the petitioner further submits that coaccused, Mukesh Singh, has already been granted regular bail by this Court by order dated 09.01.2019 passed in Cr. Misc. No.72923 of 2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let 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 the SDJM, Daudnagar, Auraangabad, in connection with Obra P.S. Case No.115 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T