IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS NO.12060 OF 2011
ANIRUDH YADAV SON OF ADALAT YADAV VILLAGE-
BHAGATPUR, P.S.- BALIA, DISTRICT- BEGUSARAI
VERSUS
THE STATE OF BIHAR
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5 04/08/2011 Heard Mr. Sandeep Kumar, learned counsel
for the petitioner, learned counsel appearing on behalf
of the informant and learned APP for the State.
The petitioner is one of the named accused
of the case registered under Sections 302, 120B/34 of
the Indian Penal Code and Section 27 of the Arms Act
in which the petitioner has been described to be the
shooter of the deceased. Altogether 15 persons are
named as accused in the written report of the
informant.
Submission is that though the petitioner
has been described as assailant of the deceased in the
written report but the informant, in his further
statement, has given altogether a different version of
the occurrence by describing Giridhari Yadav as
shooter of the deceased. Similar is the evidence of wife
of the deceased whose statement has been recorded in
paragraph 31 of the case diary. Another independent
witness whose statement has been recorded in
paragraph 32 of the case diary also stated that it was
Giridhari who has shot at and killed the deceased.
2
Further submission is that Giridhari Yadav has
motive to kill because earlier his one hand was
chopped off and his one was damaged so he has taken
revenge.
Opposing prayer for bail of the petitioner the
learned counsel for the informant submits that
besides the present case the petitioner is accused in
three more cases.
Be that as it may, considering the
contradictory statement of the informant, the
petitioner above named is directed to be released on
furnishing of bail bond of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the
satisfaction of Sri B. B. Rai, J. M., Begusarai in
connection with Ballia P.S. Case No. 21 of 2005.
(Shyam Kishore Sharma, J.)
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