Petitioner sought bail in a joint offence case involving murder and unlawful assembly. Court allowed bail on conditions including furnishing a bond with sureties, presence at trial, and specific surety qualifications.
Petitioner released on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49860 of 2015
Arising Out of PS.Case No. -16 Year- 2013 Thana -SAMHO District- BEGUSARAI ====================================================== 1. Teni Yadav Son of Charitra Yadav Resident of Village - Gagan Saidpur, Ghagraha, P.S.- Shamho, District - Begusarai .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 4 12-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State. The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 307 and 302 of the I.P.C and section 27 of the Arms Act.
Allegedly, in the occurrence on the order of coaccused Kishori Yadav, co-accused Birju Yadav opened fire upon the informant which hit left side of the abdomen and then he fell down and thereafter the petitioner opened fire with rifle and all started opening fire and after seeing assemblance of nearby people they fled away, during treatment the informant died.
Submission is of false implication and that specific allegation for causing injury in the abdomen of the informant is against co-accused Birju Yadav and against the petitioner there is
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general and omnibus allegation, during postmortem one entry wound and one exit wound have been found and for that coaccused Birju Yadav is responsible and not the petitioner. Two coaccused, namely, Arun Yadav and Kishori Yadav have already been allowed bail vide Cr. Misc. No. 14720 of 2014 and as such the petitioner also deserves sympathetic consideration, to which the learned A.P.P. fairly submits that the petitioner is not the assailant and against him there is general and omnibus allegation for opening fire.
In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Begusarai in Samho P.S. Case No. 16 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
Abhay/U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a joint offence involving sections 147, 148, 307 and 302 IPC and section 27 of the Arms Act.
2 provisions across 2 enactments
Teni Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
