Amarnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28195 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- GHOGHARDIHA District- Madhubani ====================================================== Amarnath Yadav (Male), aged about 21 years, Son of Yogendra Yadav @ Jogendra Yadav, Resident of Village- Sarauti, P.S.- Ghoghardiha, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul, Advocate For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ghoghardiha P.S. Case No. 34 of 2018 registered for the offences punishable under Sections 147, 148, 149, 302, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

According to the informant, on 07.04.2018 at about 11.00 P.M., he and his cousin brother Satya Narayan Yadav after taking meal were slept in 'Dalaan', then all of a sudden, all the accused persons including the petitioner armed with dadly weapon came at 'Dalaan' of the informant. In the meantime, when the informant heard the sound of loud voice, then he woke up and he identified them. When the informant asked from the

Patna High Court CR. MISC. No.28195 of 2019(3) dt.22-07-2019 2/2 accused persons why they have come in night. Upon this, Yaso Lal Yadav told to kill him, then all the accused persons surrounded the informant and caught hold of the informant, and Sukdeo Yadav having taken Three-Nutta in his hand shot upon the temple of cousin brother of the informant, namely, Satya Narayan Yadav and Ramesh Yadav also having taken ThreeNutta in his hand shot him. There is no allegation against the petitioner. He is only member of the mob. There is no criminal history against the petitioner. Petitioner is the student of Part-I.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Madhubani in connection with Ghoghardiha P.S. Case No. 34 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.