Shiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5433 of 2018 Arising Out of PS.Case No. -156 Year- 2017 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Shiv Yadav, S/o Late Jagrup Yadav, R/o Village- Puran Bigha, P.S.- Rajgir, District- Nalanda at Biharsharif.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 23.10.2017 in connection with Rajgir P.S. Case No.156 of 2017 registered for the offence under Sections 302, 201/343 of the Indian Penal Code.

Learned counsel for the petitioner submits that the only allegation against the petitioner is that he had participated in the cremation proceedings. It is further submitted that the petitioner had nothing to do with the family and he is a covillager and any allegation under Section 302 I.P.C. would not be attracted unless and until the petitioner was assigned any specific role. So far as Section 201 I.P.C. is concerned, it is

Patna High Court Cr.Misc. No.5433 of 2018 (2) dt.01-02-2018 2/2 natural for a co-villager to participate in the cremation ceremony of any co-villager.

In the facts and circumstances of the case and that the petitioner has no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Nalanda at Biharsharif, in connection with Rajgir P.S. Case No.156 of 2017.

(Anjana Mishra, J) PNM U T