Nepali Yadav @ Jivan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42369 of 2016 ====================================================== Nepali Yadav @ Jivan Yadav son of Gajo Yadav Resident of MohallaSadipur, P.S.- Kasim Bazar, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Kasim Bazar P.S. Case No. 153 of 2015, corresponding to S.C. No. 164 of 2016, for the offences instituted under Sections 302, 379/34, 120B of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that co-accused Dasrath Yadav @ Bahira taking out country made pistol from his waist and shot fire on the deceased and fled away after taking the motorcycle of the deceased.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering

Patna High Court Cr.Misc. No.42369 of 2016 (3) dt.15-12-2016 2/2 of witnesses alleged against the petitioner. The main allegation is against co-accused Dasrath Yadav, who is said to have fired upon the deceased, causing his death. No overt act or any injury has been attributed against the petitioner. He is said to be the member of the unlawful assembly.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory 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 Kasim Bazar P.S. Case No. 153 of 2015, corresponding to S.C. No. 164 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T