Parmanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36477 of 2023 Arising Out of PS. Case No.-54 Year-2018 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

Parmanand Yadav Son Of Late Gurudeo Yadav Resident Of Village - Jagarnath Pur, P.S. - Shahkund, Distt. - Bhagalpur. 2.

Bihari Yadav @ Bihari Lal Yadav Son Of Late Kesho Yadav Resident Of Village - Girdharpur, Modipur, P.S. - Bath, Distt. - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2023 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution, the FIR has been lodged against ten named accused persons including the present petitioners alleging therein that they were fleeing towards west and many villagers saw informant's wife was lying dead with multiple firearm injury which was caused by one named accused Sanjay Yadav.

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. He further submits that there is one criminal antecedent of petitioner no.1, in which he is on bail and

Patna High Court CR. MISC. No.36477 of 2023(2) dt.21-07-2023 2/2 petitioner no.2's antecedent is clean. Counsel submits that upon investigation, the final form has been submitted against the petitioners and subsequently cognizance have taken against them. He also submits that no allegation is there against the present petitioners and only on the basis of suspicion, petitioners' names appeared in this case.

5. Learned counsel for the petitioners submits that petitioners are ready to fulfill all the conditions whatsoever shall be imposed upon them.

6. Learned APP for the State opposes the prayer for bail.

7. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Shahkund Sajaur P.S. Case No.54 of 2018 dated 13.03.2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ashishsingh/- U