Pashupati Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22027 of 2016 Arising Out of PS.Case No. -84 Year- 2013 Thana -BRAHMPUR District- BUXAR ======================================================

1. Pashupati Yadav Son of Late Kashinath Yadav resident of VillageChakki, Rangi Dera, P.S. Brahmpur (Chakki O.P.), District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-08-2016 Heard both sides.

The petitioner apprehends his arrest in Brahmpur (Chakki O.P.) P.S. case No. 84 of 2013 under Section 302/201 of the Indian Penal Code.

The informant made allegation that his brother went along with Nanhe Pandey on 04.04.2015 but his brother did not return and on 05.04.2015 his dead body was found in a field. It is submitted that the petitioner is not named in the FIR. During the course of investigation, it has come that petitioner along with deceased and others were going on a tractor. The petitioner was driving the tractor and on the next day dead body of deceased was found. It is submitted that save and except this fact there is no material on record to show the involvement of the

Patna High Court Cr.Misc. No.22027 of 2016 (5) dt.02-08-2016 2/2 petitioner and similarly situated co-accused Sarbjeet Yadav and Dhodha Yadav have already been granted anticipatory bail by order dated 03.05.2016 passed in Cr. Misc. No. 17665 of 2016. The learned Additional Public Prosecutor did not dispute the facts.

Having taken into consideration that save and except suspicion and the fact that somebody saw the petitioner driving a tractor on which deceased along with Sarbjeet Yadav and Dhodha Yadav and others were going. There is no material to show the involvement of the petitioner and similarly situated accused have already been granted anticipatory bail, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Buxar in Brahmpur (Chakki O.P.) P.S. Case No. 84 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T