Sagar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41968 of 2021 Arising Out of PS. Case No.-66 Year-2017 Thana- GHOSWARI District- Patna ====================================================== SAGAR YADAV Son of Kishori Yadav Resident of Village- Gilani, Police Station- Sare, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv For the Opposite Party/s :

Mr.Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302,120(B),201/34 of the Indian Penal Code and 27 of the Arms Act.

The FIR was lodged on recovery of dead body of brother of the informant whose murder was committed by Gun shot injury. Suspicion was raised against several persons including the petitioner to be involved in the murder. While opposing the prayer for anticipatory bail, learned counsel for the informant contends that during

Patna High Court CR. MISC. No.41968 of 2021(2) dt.15-12-2021 2/3 investigation, it has surfaced that after the occurrence, the petitioner and other family members were not in their house and the petitioner was seen by witness-Ranjit at the place of occurrence when the petitioner was going therefrom. Considering the nature of material against the petitioner, in my view, this is not a fit case wherein the petitioner should be compelled to go to jail, hence, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ghoswari P.S.Case No.66 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without

Patna High Court CR. MISC. No.41968 of 2021(2) dt.15-12-2021 3/3 permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T