Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31341 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -MANSI District- KHAGARIA ====================================================== Upendra Yadav S/o Late Bano Yadav, R/o Vill.- Rajajan ,P.S.- Mansi, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Bhushan Das For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mansi P.S. Case No. 08 of 2018 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Petitioner is named in the first information report but from perusal of the first information report I find that it was coaccused Arjun Yadav, who happens to be son of the petitioner, opened fire on the informant and after that it is alleged that petitioner ordered the aforesaid Arjun Yadav to kill the informant. Petitioner does not have any criminal antecedent. Learned counsel appearing for the petitioner submits

Patna High Court Cr.Misc. No.31341 of 2018 (3) dt.22-06-2018 2/2 that allegation of giving order to kill the informant by the petitioner appears to be super addition.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in Mansi P.S. Case No. 08 of 2018 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T