Aado Yadav @ Aadeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36025 of 2020 Arising Out of PS. Case No.-02 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== Aado Yadav @ Aadeshwar Yadav, Son of Late Janki Yadav, Resident of Village-Jamha, P.S.-Chakai, District-Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2021 Heard Mr. Satya Prakash Parasar, the learned Advocate for the petitioner and Mr. Umeshanand Pandit, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chandramandih P.S. Case No. 02 of 2019, instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The brother of the informant is stated to have been killed at the hands of named accused persons. The informant is an eye-witness to the occurrence. The act of firing at the deceased has not been attributed to the petitioner. The petitioner has not even

Patna High Court CR. MISC. No.36025 of 2020(3) dt.24-05-2021 2/3 been named in the F.I.R. His implication in this case is only on the basis of assessment of a superior police officer during the course of supervision and that also on the basis of the fact that the petitioner had accompanied the deceased to the Registry Office for registration of a piece of land. The learned counsel for the petitioner, therefore, submits that his prosecution in this case is only based on surmises and suspicion and nothing else.

There is no evidence whatsoever, it has been urged before this Court, of the petitioner conspiring with any of the accused persons for getting the deceased eliminated. Considering the afore-noted background facts, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui in connection with Chandramandih P.S. Case No. 02 of 2019, subject to the conditions laid down under Section

Patna High Court CR. MISC. No.36025 of 2020(3) dt.24-05-2021 3/3 438(2) of the Cr.P.C.

While saying so, this Court has taken note of the fact that the petitioner has clean antecedents. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T