Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18426 of 2017 Arising Out of PS.Case No. -212 Year- 2015 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Dilip Yadav Son of Jamun Yadav, Resident of Village- Bhura, Police Station- Triveniganj, District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun, Advocate For the Opposite Party : Mr. Upendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Triveniganj P.S. Case No. 212 of 2015, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Allegedly, the son of the informant went to village Bhura, to participate in a panchayati but he did not return and his dead body was found and the informant suspected that petitioner along with other co-accused might have killed his son. Submission is of false implication and that the informant is not an eye-witness of the occurrence, no body has come forward to say that the petitioner killed the deceased,

Patna High Court Cr.Misc. No.18426 of 2017 (3) dt.28-06-2017 2/2 witnesses have stated that deceased was sitting on motorcycle by the side of the road and a truck dashed him, resulting, his death. In this case similarly situated Bijay Kumar Yadav @ Bijay Kumar has already been allowed pre-arrest bail vide Cr. Misc. No. 17179 of 2016 and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that Bijay Kumar Yadav @ Bijay Kumar has been allowed pre-arrest bail by another co-ordinate bench of this Court.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 C.J.M., Supaul, in connection with Triveniganj P.S. Case No. 212 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T