Aditya Kumar @ Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24823 of 2014 Arising Out of PS.Case No. -42 Year- 2013 Thana -HABIBPUR District- BHAGALPUR ====================================================== Aditya Kumar @ Bipin Yadav, Son of Bindeshwari Yadav, Resident of Village-Gaurachakki, P.S.-Kajraili, District-Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s : Mr. Yogendra Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehending his arrest in connection with Habibpur P.S. Case No. 42 of 2013 registered for the offences under Sections 147, 148, 324, 302/120(B) of the Indian Penal Code seeks privilege of pre arrest bail. Allegedly, co-accused Jhindra Yadav armed with barchi along with 150-200 persons surrounded the husband of the informant and started assaulting him and further cut his neck and out of the mob the petitioner has also been identified. Submission is that the petitioner was a student and has completed the physical test for recruitment of Indian Army and after re-test he has joined training. He is not named by Bipin Yadav, but as the father name is similar, so he is apprehending his arrest and moreover the allegation is against

Patna High Court Cr.Misc. No.24823 of 2014 (4) dt.07-01-2015 Jhindra yadav and there is no specific allegation against the petitioner. Some of the co-accused have been allowed regular bail including Jhindra Yadav vide Cr. Misc. No. 42168 of 2013 and the petitioner deserves sympathetic consideration to which the learned A.P.P. does not oppose.

In the facts and circumstances as stated above, in case of arrest or surrender before the court below within one month from the date of receipt/production of a copy of this order, the petitioner namely Aditya Kumar @ Bipin Yadav shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Habibpur P.S. Case No. 42 of 2013, G.R. No. 1382 of 2013 with condition as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) P.K./- U T