Ratan Yadav @ Bhim Yadav @ Shiv Charan Yadav @ Bhim Charan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10659 of 2018 Arising Out of PS.Case No. -270 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. RATAN YADAV @ BHIM YADAV @ SHIV CHARAN YADAV @ BHIM CHARAN YADAV S/o Late Sadashiv Yadav, R/o Village- Bhadeli , P.S.- Sheikhpura (Kusumbha O.P.), District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2018 The petitioner is apprehending his arrest in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 270 of 2017, registered for offences punishable under Sections 342, 326, 307, 302/34 of the IPC as well as 27 of the Arms Act. Allegation as per F.I.R is that when informant and son was coming along with his son, accused persons surrounded them and one of the co-accused, namely, Shiv Kumar Yadav fired on his son due to which he died and it is alleged that petitioner was also along with other co-accused persons.

It has been submitted on behalf of the petitioner that only petitioner was not named in the F.I.R, he has been named in this case by the informant in his re-statement and only general and omnibus allegation has been levelled against the petitioner and

Patna High Court Cr.Misc. No.10659 of 2018 (2) dt.27-02-2018 2/3 only allegation against the petitioner is that he was also present there along with others. Further other co-accused persons having similar allegation has already been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 16.11.2017 passed in Cr. Misc. No. 49258 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioner has no criminal antecedent and only general and omnibus allegation has been levelled against him, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura, in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 270 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., this is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the

Patna High Court Cr.Misc. No.10659 of 2018 (2) dt.27-02-2018 3/3 concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T