Shambhu @ Shambu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12342 of 2022 Arising Out of PS. Case No.-377 Year-2021 Thana- BUDDHACOLONY District- Patna ====================================================== SHAMBHU @ SHAMBU YADAV Son of Satyendra Yadav Resident of Village - 35 Pushpanjali Apartment, Mandiri Near Lal Kothi, P.S.- Budha Colony, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar Yadav, Advocate For the State :
Mr. Md. Fahimuddin, APP For the Informant : Mr. Shiva Shankar Prasad Singh, Advocate Mr. Pushpendra Priyadarshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Adarsh Kumar, Saurav Kumar and six unknown persons under a deep rooted conspiracy are said to have killed the son of the informant. Petitioner is the father of the said
Patna High Court CR. MISC. No.12342 of 2022(3) dt.05-09-2022 2/2 Saurv Kumar.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case being the father of co-accused, Saurav Kumar. Petitioner is not named in the F.I.R. and no specific overt act has been attributed against him. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case and after perusing the case diary and the postmortem report as no specific overt act has been attributed against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Budha Colony P.S. Case No. 377 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.)