Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7718 of 2016 Arising Out of PS.Case No. -517 Year- 2015 Thana -SAUR BAZAR DistrictSAHARSA ===================================== Dinesh Yadav, S/o Tulo Yadav, R/o Village-Navtolia P.S.- Sour Bazar, (Patarghat, O.P), District-Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv. For the State : Mr. Raj Kishore Singh, APP For the Informant : Mr. Bhola Prasad, Adv. Mr. Mukesh Kr. Jha, Adv.

===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

This application, for grant of anticipatory bail, arises out of Sour Bazar (Patarghat O.P.) P.S. Case No.517 of 2015, disclosing offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. From the First Information Report, it appears

that the petitioner is named in the First Information Report. It is alleged that co-accused persons, namely, Santosh Yadav and Ramanand Yadav, had shot at the deceased, leading to his death. Thereafter, all the accused persons, including the present petitioner, were seen dragging the body of the deceased and thereafter fleeing away.

Learned counsel for the petitioner has relied upon an order of this Court, dated 15.02.2016, passed in Cr. Misc. No.6759 of 2016, whereby, similarly situated coaccused, namely, Kailash Yadav, has been granted the privilege of anticipatory bail.

Though, the allegation against the petitioner is grievous in nature, since the other similarly situated coaccused, namely, Kailash Yadav, has been granted the privilege of anticipatory bail, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar (Patarghat O.P.) P.S. Case No.517 of 2015, subject to the condition laid down under Section 438 (2) of

the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T