Anil Kumar @ Budhu @ Budhu Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41111 of 2018 Arising Out of PS.Case No. -540 Year- 2016 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Anil Kumar @ Budhu @ Budhu Yadav son of Basant Singh @ Sant Singh @ Sant Kumar Singh, resident of Village- Kuraich Mohabir Sthan, Police Station- Sasaram (T), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Niwas Singh, S/o Late Jagdeo Singh, resident of Village- Yadav Mohalla- Gourakshani, Sasaram, P.S.- Sasaram (T), District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 540 of 2016, disclosing offences under Sections 302 of the Indian Penal Code.

Allegation against the petitioner is of committing murder of the son of the informant.

Submission of learned counsel for the petitioner that earlier the F.I.R was lodged and final form has been submitted and the petitioners were not sent up for trial, against which, a protest petition has been filed, on the basis of which, cognizance

Patna High Court Cr.Misc. No.41111 of 2018 (2) dt.17-07-2018 2/2 of the offence was taken and in protest petition it is alleged that these petitioners killed the son of informant, however, no such allegation has been leveled in the F.I.R.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - Sasaram, Rohtas, in connection with Complaint Case No. 540 of 2016, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) sunil/- U T