Patna High CourtCR. MISC./55397/2016bail granted

Devendra Yadav v. The State Of Bihar

2017-04-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55397 of 2016 Arising Out of PS.Case No. -511 Year- 2016 Thana -DHANARUA District- PATNA ====================================================== Devendra Yadav son of late Yadunandan Bhagat, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that the petitioner has sent two persons as renter in the house of the informant, who allegedly committed murder of the husband of the informant.

Submission of the petitioner is that the informant deliberately suppressed the fact in the F.I.R. that petitioner is full brother of the husband of the informant and land dispute is going on between the parties. Moreover, there is no allegation of commission of murder against the petitioner.

Learned counsel for the informant opposed the prayer

Patna High Court Cr.Misc. No.55397 of 2016 (5) dt.13-04-2017 2/2 on the ground that the petitioner was instrumental and main conspirator of the occurrence of murder.

Considering the aforesaid materials, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Masaurhi, Patna/Successor Court in connection with Dhanarua Police Station Case No.511 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.

(Birendra Kumar, J) Mkr./- U T