Satrughan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6126 of 2022 Arising Out of PS. Case No.-33 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

SATRUGHAN YADAV S/o Late Laxmi Yadav Resident of Village - Kushthan, P.S.- Bihariganj, District - Madhepura. 2.

S.P. Kumar @ Anuj Kumar S/o Late Bhushan Yadav Resident of Village - Kushthan, P.S.- Bihariganj, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bihariganj P.S. Case no. 33 of 2018 instituted for the offence under Sections 323, 341, 307, 120(B), 504, 506, 34 and 302 of the Indian Penal Code and section 23 of the Arms Act. It is a case of commission of murder of the informant's father namely, Siyaram Yadav by the petitioners along with other co-accused petitioners.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.6126 of 2022(4) dt.05-09-2022 2/2 no offence. On the order of co-accused Bhusan Yadav, Abhay Kumar Yadav has opened fire which hit informant's father and he died. Specific allegation of firing is against Abhay Kumar Yadav and not the petitioner. General and omnibus allegations have been levelled against the petitioners. Similarly, situated other co-accused persons have already been granted anticipatory bail vide order dated 22.07.2019, in Cr. Misc. No. 17118 of 2019.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bihariganj P.S. Case no. 33 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-I class Udakishunganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

sushma/Aman (Sunil Kumar Panwar, J) U