Arun Kumar @ Arun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56648 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- SARMERA District- Nalanda ====================================================== Arun Kumar @ Arun Yadav S/o Kameshwar Bhagat @ Kameshwar Yadav, resident of Village- Chhoti Kenar, P.S. Sarmera, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Premchandra Yadav, Adv.
For the Opposite Party/s :
Mr. Ram Naresh Ray, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-11-2018 Heard learned counsel for petitioner, learned counsel for the State as well as learned counsel for the informant. Petitioner, who is in custody, seeks bail in connection with Sarmera P.S. Case No. 19 of 2018 registered for the offences punishable under Sections 341, 323, 384, 307/34 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.
Informant who is the uncle of the petitioner has alleged that when he was returning to his house after watching crops, his nephew (petitioner) stopped him and on the point of pistol demanded ransom of Rs. 5 lacs and 2 Kattha land to him and on refusal fired upon him as a result of which he fell down. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been
Patna High Court Cr.Misc. No.56648 of 2018(3) dt.19-11-2018 2/2 falsely implicated in this case due to family dispute. In the postmortem report cause of death was opined by the Doctor as Septicemia and shock due to infected injuries. He has no motive to grab the land of the deceased after killing him. He has no criminal antecedent. He is in custody since 06.03.2018. Learned counsel for the informant has vehemently opposes grant of bail.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 19 of 2018.
(S. Kumar, J) Rajiv/ManojU T