Jogindra Yadav @ Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36972 of 2022 Arising Out of PS. Case No.-128 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== JOGINDRA YADAV @ YOGENDRA YADAV SON OF WAKIL YADAV @ VAKIL YADAV R/O- VILL- BARILAGAR, P.S.- PARBATTA, DIST.- KHAGARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.J.N.Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 323, 386, 387, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Parbatta P.S.Case No. 128 of 2019/G.R.No. 1049A/2019.

As per allegation, co-accused Sintu Yadav and Ranvir Yadav caught hold of the husband of the informant and co-accused Mantu Yadav fired shot upon him resulting in his

Patna High Court CR. MISC. No.36972 of 2022(3) dt.09-01-2023 2/3 death.

The learned counsel for the petitioner has submitted that the petitioner is innocent. After investigation, the police submitted final form against him, but differing from the final form, the learned Magistrate took cognizance against the petitioner. He has submitted further that, considering the said fact, co-accused Sintu Yadav @ Rajeev Kumar Ranjan, against whom there was allegation to caught hold of the deceased, was granted anticipatory bail by a co-ordinate Bench of this Court in Cr.Misc.No. 21074 of 2022 and the case of the petitioner is on better footing.

On the other hand, learned APP has opposed the prayer for anticipatory bail.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released 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 A.C.J.M.-I, Khagaria/Successor Court in connection with Parbatta P.S.Case No. 128 of 2019/G.R.No. 1049A/2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.36972 of 2022(3) dt.09-01-2023 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T