Pradeep Yadav @ Pradeep Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61833 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pradeep Yadav @ Pradeep Kumar Yadav S/o Late Harendra Yadav, R/o Sri Nagar, P.S.- Srinagar (Pujaha), District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Srinagar (Pujaha) P.S.Case No. 07 of 2016 registered for offences punishable under Sections 302, 201/120 (B)/34 of the Indian Penal Code.

The accusation against the petitioner is that the petitioner and his family members threatened the son of the informant and ultimately they killed him by cutting his neck. Learned counsel for the petitioner submits that besides merely being named in the F.I.R., there is neither any evidence to connect the petitioner to the alleged crime nor there is

Patna High Court Cr.Misc. No.61833 of 2017 (4) dt.22-02-2018 2/2 any direct material available against the petitioner. Even during the course of investigation, no evidence has transpired against the petitioner and the petitioner is having a clean antecedent. Learned Additional Public Prosecutor opposes the prayer of bail.

In the facts and circumstances of the case and taking into consideration that there is no eye witness to the occurrence, the prayer of Anticipatory bail of petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks from today, the petitioner is directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with Srinagar (Pujaha ) P. S. Case No. 07 of 2016 to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran, subject to the conditions laid down under Section 438 ( 2) Cr.P.C.

(Mohit Kumar Shah, J) Sudha/- U T