Bikash Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.27301 of 2017 (4) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27301 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -SUIYA District- BANKA ======================================================

1. Bikash Yadav, son of Maduli Yadav,

2. Ramesh Yadav, son of Maduli Yadav, Both are resident of Village- Ojha Bathan, P.S.- Suia, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-09-2017 Vide order dated 07.07.2017, the prayer for anticipatory bail of petitioner no. 2, namely, Ramesh Yadav, was dismissed as withdrawn.

Heard learned counsel for the petitioner no. 1 and the learned A.P.P. for the State.

The petitioner no. 1 apprehends his arrest in connection with Suia P.S. Case No. 08 of 2017, registered under Sections 302 and 201/34 of the Indian Penal Code. Learned counsel for the petitioner no. 1 submits that it would appear from the F.I.R. that the petitioner no. 1and the informant are co-villagers and earlier a case was lodged bearing Katoriya P.S. Case No. 217 of 2009 by Parwati Devi, sister-in-law

Patna High Court Cr.Misc. No.27301 of 2017 (4) dt.21-09-2017 of the petitioner no. 1, regarding the murder of brother and father of the petitioner no. 1 against the informant and others due to that reason, only suspicions has been raised against the petitioner no. 1 and others having hand in the murder of Ritlal Yadav, brother of the informant, whose dead body was found in the village. Further submission is that petitioner no. 1 has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner no. 1, Bikash Yadav, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Banka, in connection with Suia P.S. Case No. 08 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T