IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.584 of 2011
PRAKASH YADAV
Versus
THE STATE OF BIHAR
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2 09.02.2011 Heard learned counsel for the petitioner as well as
learned counsel for the state.
The petitioner seeks bail in connection with Sikandara
P.S. Case No. 87 of 2006 registered under section-302 and
other minor sections of the Indian Penal Code as well as
section-27 of the Arms Act.
Petitioner is named in the FIR alongwith several other
co-accused persons and it is stated that the petitioner as well as
other accused persons went at the house of informant and
opened fire as a result of which, one Daso Yadav @ Bijli Yadav
and Balmiki Yadav received injury and subsequently, Daso
Yadav @ Bijli Yadav died in course of treatment.
Annexure-3 to this Cr. Misc. Case reveals that having
similar allegation, co-accused, Ashok Yadav and others have
already been granted privilege of bail by another bench of this
court vide order dated 09.08.2007 passed in Cr. Misc. No.
45821 of 2006. Furthermore, the above-stated order dated
09.08.2007 passed in Cr. Misc. No. 45821 of 2006 reveals that
it was co-accused, Mahadeo Yadav who had fired as a result of
which Daso Yadav @ Bijli Yadav sustained fire-arm injury and
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later on died in course of treatment.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, the petitioner, namely,
Prakash Yadav is directed to be released on bail on furnishing
bail bond of Rs 10,000/- (ten thousand) with two sureties of the
like amount each in connection with Sikandara P.S. Case No.
87 of 2006 to the satisfaction of Chief Judicial Magistrate,
Jamui.
AKV/- (Hemant Kumar Srivastava,J.)