IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7046 of 2011
ABHISHEK YADAV @ KISHUN YADAV, S/O-Ajit Kumar
Yadav @ Ajeet Yadav
Versus
THE STATE OF BIHAR
with
Criminal Miscellaneous No.8240 of 2011
SHAILESH KUMAR PANDEY @ SHAILESH PANDEY @ PIYUSH
PANDEY , S/O-Late Kameshwar Pandey
Versus
THE STATE OF BIHAR
05 11.07.2011
Both the above stated petitions arise out of
Chainpur P.S. Case No. 141 of 2010 registered under Sections
302, 120B/34 of the Indian Penal Code and 27 of the Arms
Act and, accordingly, both the above stated petitions are
being disposed of by this common order.
Petitioners are not named in the first information
report but in course of investigation when the further
statement of the informant was recorded he named the
petitioner in Cr. Misc. No. 8240 of 2011 and stated that prior
to the alleged occurrence he had come at his shop and made
usual inspection of his shop. Subsequently, petitioner in Cr.
Misc. No. 8240 of 2011 was arrested and made his
confessional statement disclosing the name of petitioner in
Cr. Misc. No. 7046 of 2011. Admittedly, except the
confessional statement, there is nothing against the petitioner
2
in Cr. Misc. No. 7046 of 2011. So far as petitioner in Cr.
Misc. No. 8240 of 2011 is concerned, had he participated in
the alleged crime, he would have certainly been named by
the informant in the First Information Report as it appears
from the further statement of the informant that petitioner was
well-known to him prior to the alleged occurrence.
Considering the aforesaid facts and circumstances
as well as submissions of the parties, let the petitioners 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 Chief Judicial Magistrate , Bhabua in
connection with Chainpur P.S. Case No. 141 of 2010.
Shahzad ( Hemant Kumar Srivastava, J.)