Shailendra Yadav @ Shailendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55482 of 2015 (4) dt.24-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55482 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -HATHIDAH District- PATNA ====================================================== Shailendra Yadav @ Shailendra Kumar son of Bhuneshwar Yadav, resident of village- Korai, P.s.- Deepnagar, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar, Advocate For the Opposite Party : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner, learned counsel for the Informant and learned counsel for the State. The petitioner is apprehending his arrest in connection with Hathidah P.S. Case No. 73 of 2015 for the offences instituted under Sections 302 and 201/34 of the Indian Penal Code. As per prosecution case, it is a case of murder of one Md. Yasin by the accused persons due to earlier dispute regarding business.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case though the allegation is that the petitioner was driving the vehicle in question on which the dead body of the deceased was found. From perusal of the FIR, it appears that the vehicle along with the dead

Patna High Court Cr.Misc. No.55482 of 2015 (4) dt.24-02-2016 body was found in abandoned place. Petitioner has been named in the FIR merely on the basis of suspicion. The other co-accused has been granted anticipatory bail by this Court vide Cr.Misc.No.57291 of 2015.

On behalf of the State and the counsel for the Informant, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Hathidah P.S. Case No. 73 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Shri Deepak Kumar, Judicial Magistrate, Ist Class, Barh, District-Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T