Krishna Yadav @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18820 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- ROH District- Nawada ====================================================== 1.

KRISHNA YADAV @ KRISHNA KUMAR SON OF RAMESHWAR YADAV Resident of Village - Mehkar, P.S.- Roh, Distt.- Nawada. 2.

PANKAJ KUMAR Son of Krishna Yadav @ Krishna Kumar Resident of Village - Mehkar, P.S.- Roh, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Arjun Prasad For the Informant Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Roh P.S. Case no. 164 of 2020 instituted for the offence under Sections 147, 148, 149, 342, 323, 302, 307, 120(B), 354, 504 and 506 of the Indian Penal Code and Section 27 of the

Patna High Court CR. MISC. No.18820 of 2021(4) dt.31-01-2022 2/3 Arms Act.

As per allegation in the FIR, eighteen FIR named accused persons including the petitioners armed with various weapons surrounded the husband of the informant. Pintu Yadav and Upendra Yadav caught hold his hands and on order of Vinod Yadav, co-accused Vinay Yadav shot fire on his chest resulting into his death. When the informant rushed there for rescue, she was also beaten up by them by pulling her hairlock. Petitioners along with others have dragged the husband of the informant. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. General and omnibus allegations have been levelled against the petitioners. Specific allegation of firing shot in the chest of the deceased is against Yinay Yadav. Learned APP appearing for the State has opposed the prayer of Bail.

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 Roh P.S. Case no. 164 of 2020,

Patna High Court CR. MISC. No.18820 of 2021(4) dt.31-01-2022 3/3 they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U