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Patna High CourtCR. MISC./16177/2016allowed

Shiv Kumar Yadav @ Raj Kumar Yadav @ Mukhiya Jee v. The State Of Bihar

2016-07-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16177 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -KALER District- JEHANABAD ====================================================== Shiv Kumar Yadav @ Raj Kumar Yadav @ Mukhiya Jee, son of Sri Yadav, resident of Village - Choari, P.S. - Daud Nagar, District - Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2016 Heard both sides.

The petitioner apprehends his arrest in Kaler P.S. Case No. 23/2015 registered under Sections 341, 307 and 34 of the Indian Penal Code.

The informant alleged that three persons came on a motorcycle and one of them fired at the informant. It is submitted that the petitioner is not named in the F.I.R. Upendra Kumar @ Jugendra Kumar and Santosh Rajvanshi @ Shashi Bhushan Rajvanshi were apprehended by the police, who are said to have confessed before the police and disclosed the name of the petitioner. The informant had filed a petition that the petitioner is well acquainted with him from before and his name has falsely been implicated in the case. Even from perusal of the confessional statement of Upendra Kumar @ Jugendra Kumar, who is said to

Patna High Court Cr.Misc. No.16177 of 2016 (3) dt.01-07-2016 2/2 have fired, no role is attributed to the petitioner. Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Kaler P.S. Case No. 23/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T