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Patna High CourtCR. MISC./33911/2017allowed

Subodh Yadav v. The State Of Bihar

2017-11-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33911 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Subodh Yadav Son of Late Kailu Yadav, R/o Village- Aura Bagicha, P.S.- Dharahra, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Nayaram Nagar P.S. Case No. 23 of 2017 registered under Section 364 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case due to previous enmity. It is also submitted that it would appear from the F.I.R. itself that the F.I.R. is lodged after lapse of 24 hours of the alleged occurrence. Further submission is that the informant knows that the petitioner is the killer of his elder brother and will kill his brother Chanchal Yadav also, even then he did not lodge the F.I.R. immediately after kidnapping him. There is no eye

Patna High Court Cr.Misc. No.33911 of 2017 (8) dt.28-11-2017 2/2 witness of the alleged occurrence.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Munger in connection with Nayaram Nagar P.S. Case No. 23 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T