IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36988 of 2010
1. Kamlesh Yadav,
2. Nawlesh Yadav ......... Petitioners
Versus
State Of Bihar ........ Opp. Party
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2. 07.10.2010 Heard the learned counsel for the petitioners and
learned A.P.P. for the State.
The petitioners are in custody in connection with
S.T. No. 751 of 2010 arising out of Chhabilapur (Rajgir
Muffasil) P.S. Case No. 27 of 2001 under Sections 147, 148,
149, 452, 323, 302 of the Indian Penal Code and 27 of the
Arms Act.
According to the F.I.R., the accused persons
including these petitioners surrounded the father of the
informant. Munni Yadav ordered to kill and thereafter Vijay
Yadav fired by country made pistol which hit on left side of
the abdomen of the father of the informant. As a result of the
fire arm injury he died. Other co-accused persons fled away
making blank firing.
The learned counsel for the petitioners submitted
that the allegation of firing is against Vijay Yadav. No overt
act is alleged against these petitioners and similarly situated
co-accused persons namely Shiv Kumar Yadav and Sanjay
Yadav have already been granted bail by different benches of
this Court in Cr. Misc. Nos. 34369 of 2010 and 34492 of
2010. The case of these petitioners is on same footing.
2
Considering the above facts and circumstances of
the case, the petitioners namely, Kamlesh Yadav and
Nawlesh Yadav, are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten thousand) each
with two sureties of the like amount each to the satisfaction
of the 4th Additional Sessions Judge, Nalanda at Biharsarif in
connection with S.T. No. 751 of 2010 arising out of
Chhabilapur (Rajgir Muffasil) P.S. Case No.27 of 2010.
S.S. ( Mungeshwar Sahoo, J.)