Nirmal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12827 of 2016 Arising Out of PS.Case No. -123 Year- 2015 Thana -LODIPUR District- BHAGALPUR ====================================================== Nirmal Yadav Son of Bhikho Mahto resident of Sirampur, P.S.- Akbarpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioners submits that the name of the petitioner has been taken in the First Information Report only on the basis of suspicion. It is further submitted that neither was the petitioner last in the company of the deceased nor have any of the numbers been connected to the present petitioner. Learned counsel appearing on behalf of the State submits

Patna High Court Cr.Misc. No.12827 of 2016 (3) dt.20-05-2016 P2/2 that save and except the allegation made in the First Information Report which is based purely on suspicion as there was a previous land dispute, there is no further material available in the case diary so as to implicate this petitioner.

In view of the aforementioned facts and circumstances and also because the petitioner has no criminal antecedent, let the petitioner in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-4th, Bhagalpur in connection with Lodipur P.S. Case No. 123/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T