Premlal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.15229 of 2015 (6) dt.02-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15229 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -SALKHUA District- SAHARSA ======================================================

1. Premlal Yadav S/o Late Hakkar Yadav, resident of village- Koparia, P.S.- Salkhua, District- Saharsa .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Singh, Adv. For the Opposite Party : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 02-09-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 302 and 34of the Penal Code, 27 of the Arms Act and 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The learned counsel for the petitioner submits that there is allegation that Bechan Yadav and Premlal Yadav killed the wife of the informant by fire arm. The learned counsel for the petitioner submits that there is no eye witness to the occurrence. The learned counsel for the State submits that in the case diary also there is no eye witness, but, there is enmity. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Salkhua P.S. Case No. 116 of 2014 to the satisfaction of Sri D. Kumar, Judicial Magistrate, 1st Class, Saharsa, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Gopal Prasad, J) SA/- U √ T √