Amar Yadav @ Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4742 of 2018 Arising Out of PS. Case No.-652 Year-2017 Thana- BAGHA District- West Champaran ====================================================== Amar Yadav @ Amar Kumar S/o Lalbahadur Yadav, R/o Vill.- Pipariya, P.S.- Bagaha, District- West Champaran.
... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Suresh Prasad Sharma For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-02-2019 The appellant seeks pre-arrest bail in connection with Bagaha P.S. Case No. 652 of 2017, registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 3(2)(r) of SC/ST Act.
Allegation against the appellant is that he has taken away the husband of the informant and later on crashed him by a tractor, due to which he died.
Submission of learned counsel for the appellant is that no one has supported the prosecution story, which will appear from the case diary and the appellant has falsely been implicated in this case.
Heard learned Special P.P. also, who has opposed the prayer for anticipatory bail of the appellant stating that the
Patna High Court CR. APP (SJ) No.4742 of 2018 dt.26-02-2019 2/2 appellant had not informed the informant and was trying to disposed of the dead-body.
Having heard both sides, considering the facts and circumstances of the case as stated above, let the appellant, above named, be surrendered within a period of six weeks and on surrender he will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bettiah, West Champaran, in connection with Bagaha P.S. Case No. 652 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
Accordingly, this appeal is allowed and the impugned order is set-aside.
(Vinod Kumar Sinha, J) Amjad/- AFR/NAFR CAV DATE Uploading Date Transmission Date