Raj Kishore Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12415 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Raj Kishore Yadav, S/o Late Shiv Pujan Yadav, Resident of Village- Mirjapur, P.S.- Raghunathpur, Distt- Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Mritunjay Narain, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Raghunathpur P.S. Case No. 172 of 2017, instituted for the offence under Sections 448,120(B),302,34 of the IPC and Section 27 of the Arms Act.
It is alleged in the written report that informant heard on 02.10.2017 that his father has been shot dead by Juned Khan. Thereafter, informant came from his place of posting on 02.10.2017 and inquired about the occurrence and learnt that on 1.102017 at 7 p.m. Juned Khan with other accused persons which include the name of the petitioner came to the door of the informant. It is further alleged that co-accused Aftab Khan ordered and thereafter, this petitioner with Sarfaraj Khan@ Baddu and Raj Kishore Yadav
Patna High Court Cr.Misc. No.12415 of 2018(3) dt.10-04-2018 2/3 caught hold his hand and Juned Khan fired from pistol in the chest of his father on account of which he died.
Case diary has been received, wherein, doctor has found one fire-arm injury in chest.
There is no specific allegation against this petitioner of causing any fire-arm injury to the father of the informant. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raghunathpur P.S. Case No. 172 of 2017, to the satisfaction of the learned Additional Chief Judicial Magistrate VIII, Siwan, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
Patna High Court Cr.Misc. No.12415 of 2018(3) dt.10-04-2018 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) khushbu/- U T