Wakil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34668 of 2019 Arising Out of PS. Case No.-8 Year-2014 Thana- GOGRI District- Khagaria ====================================================== Wakil Yadav, Son of Late Jattu Yadav, Resident of Village - Gogari Kundi, P.S.- Gogari, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gogari P.S. Case No. 08 of 2014, registered under Section 341, 342, 325, 307, 379 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on the order of Wakil Yadav (petitioner) to kill the informant, Sudhakar Pandey, and throw his dead body in the river Ganga, Manoj Yadav shot fire causing injury at his right knee, in which, he fell down then Manjesh Yadav also fired but the same was not hit to the informant. Learned counsel for the petitioner submits that, in fact, both sons of petitioner were involved in the occurrence due

Patna High Court CR. MISC. No.34668 of 2019(3) dt.12-07-2019 2/2 to that reason, name of this petitioner has surfaced in the present case with false allegation, while on investigation, police submitted charged sheet against Manjesh Yadav but submitted the final form against the petitioner and his another son, Manoj Yadav but differing with the final form, learned trial court took the cognizance against the petitioner and his other son, Manoj Yadav and this petitioner is only order giver, as detailed in the F.I.R.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Khagaria, in connection with Gogari P.S. Case No. 08 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T