Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31895 of 2021 Arising Out of PS. Case No.-125 Year-2019 Thana- BIND District- Nalanda ====================================================== SANTOSH YADAV S/o Late Birsi Yadav R/o village- Madanchak, P.S.- Bind, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Bind P.S. Case No. 125 of 2019, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act. As per allegation in the FIR, there was some dispute between the parties. Co-accused Ajit Yadav, Mukesh Yadav and Ajay Yadav called their brothers on the telephone. Thereafter, co-accused Ajit Yadav and Ajay Yadav shot the husband of the informant. Mukesh Yadav also fired on the informant's husband due to which he died.

Patna High Court CR. MISC. No.31895 of 2021(2) dt.21-03-2022 2/2 Learned counsel for the petitioner has submitted that the specific allegation of opening fire on the deceased is against Ajit Yadav, Ajay Yadav and Mukesh Yadav and not against the present petitioner. He has further submitted that considering these facts learned coordinate Bench of this Court has granted anticipatory bail to the co-accused Laltus Yadav and Pawan Yadav in Cr. Misc. No. 17804 of 2020. He has also submitted that the present petitioner is a person of clean antecedent.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Bind P.S. Case No. 125 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T