Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31144 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -INDUSTRIAL District- BHAGALPUR ====================================================== Sunil Yadav, Son of Dippi Yadav, resident of village- Gopalpur, Police Station - Industrial Area, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf, Adv. For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Industrial Police Station Case No. 24 of 2014 registered for the offences punishable under Sections 148, 448 and 307 of the Indian Penal Code and Section 3/4 of the Explosive Substance Act, seeks the privilege of pre-arrest bail.

Allegedly, the petitioner is named in the First Information Report with allegation that he exploded bomb causing injury to the informant on the different parts of body. Submission is that the son of the petitioner was kidnapped and murdered and for that Industrial Police Station Case No. 17 of 2013 has been lodged wherein the husband of the

Patna High Court Cr.Misc. No.31144 of 2014 (2) dt.30-01-2015 informant is an accused and this case has been lodged only with a view to put pressure to compromise that case. No motive has been assigned in the First Information Report and as such, the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes the prayer of pre-arrest bail.

Considering the submissions urged at the bar, going through the record and noticing that the husband of the informant is an accused in Industrial P.S. Case No. 17 of 2013 registered under Sections 302 and 201/34 of the Indian Penal code, wherein the petitioner is the informant and as such, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial Police Station Case No. 24 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Jitendra Mohan Sharma, J.) Vats/- U T