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Patna High CourtCR. MISC./63105/2017bail granted

Ram Prakash Yadav v. The State Of Bihar

2018-01-31Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63105 of 2017 Arising Out of PS.Case No. -223 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Ram Prakash Yadav Son of Late Ram Lakhan Yadav Resident of villageGanga Sagar, Police Station- Makhdumpur, District- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioner and learned APP for the State.

In this application, the petitioner apprehends his arrest for the offences in connection with Makhdumpur (Tehta O.P) P.S. Case No. 223 of 2015 punishable under Sections 302/34 and 120-B of the Indian Penal Code and Section 27 of the Arms Act.

In the First Information Report, there is specific allegation against co-accused Birendra Yadav and Vinod Yadav who have shot the father of the informant and petitioner was only member of the mob.

Submission is of false implication and that in this case similarly situated co-accused namely, Sukhdev Yadav and

Patna High Court Cr.Misc. No.63105 of 2017 (2) dt.31-01-2018 2/2 Dharmveer have been granted pre-arrest bail in Cri. Misc. No. 45559/17 and Cri. Misc. No. 59035/17 respectively. Learned APP fairly submits that co-accused have been allowed pre-arrest bail.

Considering the facts and circumstances as stated above, the petitioner, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order shall be enlarged on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 223 of 2015 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T