Sakendra Yadav @ Sako Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7604 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- JAMUI District- Jamui ====================================================== Sakendra Yadav @ Sako Yadav S/O LATE HARI YADAV VILLAGEAMRATH, PS.- JAMUI, DIST. JAMUI. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jamui P.S. Case No. 272 of 2023 instituted under Sections 302, 120(B) and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant got information on 04.05.2023 at about 2:45 P.M. of the murder of his brother, Dudhnath Kumar. It is alleged by the informant that his brother went to attend the marriage of one Kundan Kumar along with one Sako Yadav(petitioner) and that his brother always used to be with the petitioner. On the basis of the aforesaid information the F.I.R. was lodged.

4. Learned counsel for the petitioner submits that the F.I.R. has been lodged against the petitioner on the basis of

Patna High Court CR. MISC. No.7604 of 2024(2) dt.19-02-2024 2/2 suspicion. However, during the investigation it came on record that co-accused Tuntun Yadav has killed the deceased and the police has also recovered on the basis of his confessional statement, the arms used in the crime. There is no material against the petitioner. The petitioner has one criminal antecedent which belongs to the Excise Act. The petitioner is ready to cooperate in the investigation of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Jamui in connection with Jaynagar P.S. Case No. 326 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) anuradha/- U T