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Patna High CourtCR. MISC./5853/2018bail granted

Sunder Yadav v. The State Of Bihar

2018-02-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5853 of 2018 Arising Out of PS.Case No. -342 Year- 2016 Thana -BELHAR District- BANKA ======================================================

1. Sunder Yadav S/o Congressi Yadav, R/o Village- Bela, P.S.- Belhar, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the informant Mr. Nwas Singh, Advocate For the Opposite Party/s : Ms. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner, learned counsel for the informant and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Belhar P. S. Case No. 342 of 2016, registered for offences punishable under Sections 302, 34 of the Indian Penal Code and under Section 27 Arms Act.

Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and moreover, he has clean antecedent. It is however submitted that admittedly specific allegation is against Nepali Yadav regarding firing from country made pistol, resulting in death of the deceased.

Patna High Court Cr.Misc. No.5853 of 2018 (3) dt.22-02-2018 2/2 Learned counsel for the informant has argued with full force and vehemently opposes the prayer of bail In the facts and circumstances of the case and taking into consideration, the prayer of Anticipatory bail of petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with Belhar P. S. Case No. 342 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd Banka, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. (Mohit Kumar Shah, J) Sudha/- U T