Patna High CourtCR. MISC./33650/2017allowed

Bachha Yadav @ Bacha Prasad Yadava @Bacha Yadava @ Bachha Prasad Yadav v. The State Of Bihar

2017-07-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.33650 of 2017 (2) dt.21-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33650 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -DUMRA District- SITAMARHI ====================================================== BACHA YADAV @ BACHA PRASAD YADAVA @BACHA YADAVA @ BACHHA YADAV@ BACHHA PRASAD YADAV, SON OF LATE KISHOR PRASAD YADAV, R/O VILLAGE- VISHWANATHPUR, PSDUMRA, SITAMARHI. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dumra Police Station Case No. 44 of 2017 (Rail P.S. Case No. 103 of 2016) disclosing offences under Sections 302, 201/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been made accused in this case on the ground of suspicion. There is no eye witness to the alleged occurrence. Final form has also been submitted in this case in which also only suspicion has been raised against the petitioner and except that no any cogent

Patna High Court Cr.Misc. No.33650 of 2017 (2) dt.21-07-2017 material has come against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Sitamarhi, in connection with Dumra Police Station Case No. 44 of 2017 (Rail Darbhanga (Sitamarhi) P.S. Case No. 103 of 2016) subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T