Sant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30347 of 2021 Arising Out of PS. Case No.-228 Year-2004 Thana- BIHTA District- Patna ====================================================== Sant Yadav S/O Late Ramprit Yadav R/O Village-Pandeychak, P.S-Bihta, District-Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Bihta P.S. Case No. 228 of 2004 registered under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code.

Allegedly, the dead body of the informant's father was found near a river.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion,

Patna High Court CR. MISC. No.30347 of 2021(2) dt.08-03-2022 2/2 there is no other substantive evidence to suggest the implication of the petitioner in the present case. After investigation, the police submitted final form against the petitioner. The court below differed with the said police report and took cognizance against the petitioner. Hence the present application has been filed.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Bihta P.S. Case No. 228 of 2004, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T