Subodh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20686 of 2016 Arising Out of PS.Case No. -83 Year- 2007 Thana -MAHISI District- SAHARSA ====================================================== Subodh Yadav, Son of late Kari Yadav, resident of Village-Chanan, P.S.- Salkhua, District-Saharsa. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Narendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 23-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Mahishi P.S. Case No. 83 of 2007 registered under Sections 302 read with 34 of the Indian Penal Code and 27 of the Arms Act.
It is submitted by the learned counsel for the petitioner that the charge-sheet against the petitioner has been submitted merely on suspicion and a similarly circumstanced coaccused, namely, Radharaman Yadav has already been granted pre-arrest bail by a Bench of this Court vide order dated 29.01.2016 passed in Cr. Misc. No. 10654 of 2015.
Patna High Court Cr.Misc. No.20686 of 2016 (2) dt.23-05-2016 2 / 2 Learned counsel for the State has opposed the application filed under Section 438 of the Code of Criminal Procedure. However, he concedes that the case of the petitioner stands on identical footing to that of co-accused Radharaman Yadav.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No. 83 of 2007 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T