Chotey Yadav @ Kanhaiya Lal Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14535 of 2015 Arising Out of PS.Case No. -145 Year- 2013 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Chotey Yadav @ Kanhaiya Lal Murari, S/o Ram Swarath Yadav, resident of village - Larjha, Police Station - Bithan, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s : Mr. R.B.Roy Raman(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-05-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bithan P.S. Case No.145 of 2013 for allegedly having committed the offences under Sections 302/34 and 379/120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of the Explosive Substances Act.

Learned counsel for the petitioner submits that the petitioner has not been said to have participated in the main occurrence of indiscriminate firing, which led to the death of the son of the informant as well as that of one more person. Learned counsel for the petitioner further submits that so far as the allegations against the petitioner is concerned, it has been stated in the F.I.R. that the petitioner was found to be using the

Patna High Court Cr.Misc. No.14535 of 2015 (2) dt.21-05-2015 2/2 explosive substance at a distance of 30 meters from the actual place of occurrence. Learned counsel for the petitioner submits that in the subsequent statement made in the case diary by the informant, there is no mention of use of some explosive substances by anyone.

Considering the aforementioned submissions and also the fact that the petitioner has only one criminal antecedent, as stated in paragraph 3 of the petition, and that no overt act has been attributed to this petitioner, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released 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 Additional Chief Judicial Magistrate, Rosera at Samastipur, in connection with Bithan P.S. Case No.145 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T