Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68420 of 2018 Arising Out of PS. Case No.-33 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Prakash Yadav Son of late Jaldhari Yadav R/o Village- Kushtan, P.S. Bihariganj, Distt. Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Bihariganj P.S. Case No. 33 of 2018 for the offence under sections 323, 341, 307, 120(B), 504/506 & 34 of the Indian Penal Code and 27 of the Arms Act and later on section 302 of the Indian Penal Code was added.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

The allegation against this petitioner is that he alongwith others has committed the crime.

Learned counsel for the petitioner submits that similarly circumstanced other co-accused whose names figure at sl.10 namely, Shambhu Yadav has been granted anticipatory bail

Patna High Court Cr.Misc. No.68420 of 2018(2) dt.14-12-2018 2/2 by a coordinate bench of this court in Cr. Misc. No. 46817 of 2018 vide order dated 13.8.2018 and the case of the petitioner is identical and in fact his name figure at sl. 13 in the FIR. Considering the fact that petitioner has no criminal antecedent and similarly circumstanced Shambhu Yadav has been granted anticipatory bail by a coordinate bench of this court as discussed hereinabove, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura, in connection with Bihariganj P.S. Case No. 33 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T