Abhay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16849 of 2018 Arising Out of PS.Case No. -601 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Abhay Yadav son of Vidya Yadav @ Vidha Yadav resident of village - Kaithwaliya, Police Station and District Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2018 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No. 601 of 2017 for the offences punishable under sections 147, 148, 149, 302, 379, 427, 452, 504 and 506 of the I.P.C and section 27 of the Arms Act.

At the very out set it has been submitted that considering the specific allegation of causing firearm injury by coaccused Anandi Pandey and Bhikhu Yadav, other FIR named coaccused, namely, Narain Srivastava, Rana Srivastava and Santosh Yadav have been granted anticipatory bail by different co-ordinate

Patna High Court Cr.Misc. No.16849 of 2018 (2) dt.05-04-2018 2/2 Benches of this Court vide Cr. Misc. Nos. 9425 of 2018, 8819 of 2018 and 10481 of 2018 and as such the petitioner also deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that the petitioner is named in the FIR and during investigation other witnesses have also named the petitioner regarding his presence also.

In the facts and circumstances stated above, considering that the petitioner has got no criminal antecedent and similarly situated other co-accused have been allowed pre-arrest bail, as stated above, and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Gopalganj in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T