Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35620 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- KHIJARSARAI District- Gaya ====================================================== Ajay Yadav, Son of Lalan Yadav, Resident of Village - Mandai, P.S.- Khizarsarai, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Khizarsarai P.S. Case No.297 of 2018 for the offence punishable under Sections 302, 201 of the Indian Penal Code. The allegation against the petitioner as mentioned in the FIR is that petitioner, Ajay Yadav, along with others participated in the funeral of deceased Arvind Yadav, who had some previous enmity with informant's son, Sanjay Yadav. It has been submitted on behalf of the petitioner that the only allegation against the petitioner is that he was present in the funeral of the deceased and there is inordinate delay in lodging the First Information Report inasmuch as the occurrence has taken place on 25.10.2018 but FIR has been registered on

Patna High Court CR. MISC. No.35620 of 2019(2) dt.04-06-2019 2/2 03.11.2018 and in the FIR suspicion has been raised against the co-accused Sanjay Yadav. No overt act has been alleged in the FIR against this petitioner. The petitioner has got clean antecedent.

After hearing learned counsel for the petitioner as well as State and upon perusal of the First Information Report, as well as Annexure-2 which is an order passed by a coordinate Bench granting bail to co-accused Sudhir Yadav, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, the petitioner shall be released on anticipatory bail by the Court below upon 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.-IV, Gaya, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T