Patna High CourtCR. MISC./55358/2015bail granted

Prakash Yadav v. The State Of Bihar

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55358 of 2015 Arising Out of PS.Case No. -258 Year- 2013 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Prakash Yadav S/o Jagdambi Yadav, resident of Village- Dhobiniya, P.S.- Naugachhia, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is of killing the brother of the informant. The petitioner was not named in the FIR. His name subsequently sprang up during investigation on the basis of the information supplied by spy of the village. It is submitted by learned counsel for the petitioner that in the FIR specific overt act has been alleged against Md. Tamanna, Md. Babul, Md. Nihal and 2-3 unknown.

Patna High Court Cr.Misc. No.55358 of 2015 (2) dt.14-12-2015 2/2 Considering the suspicious nature of accusation similarly situated co-accused Girolal Yadav and Sonelal yadav has been granted anticipatory bail vide Cr. Misc. No. 10763 of 2015 by a co-ordinate Bench of this Court. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachia, District - Bhagalpur in connection with Naugachia P.S. Case No. 258 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T