Sandip Yadav @ Sandeep Yadav @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61429 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- RAJAOLI District- Nawada ====================================================== Sandip Yadav @ Sandeep Yadav @ Sandeep Kumar, Son of Lalo Yadav, Resident of Village- Bhour, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Rajauli P.S. Case No. 181 of 2018 dated 08.06.2018 instituted for the offences under Sections 341, 323, 325, 307, 379, 506, 34 of the Indian Penal Code. The petitioner and others are said to have dashed the father of the informant on the ground after he was assaulted by some other accused persons. Thereafter, it has been alleged that co-accused Sadhu Yadav and Pappu Yadav kept on assaulting him till he became immobile. Thereafter, the petitioner is alleged to have snatched the mobile and cash of Rs. 1,11,000/- from the pocket of the father of the informant and also assaulted the informant.

Patna High Court Cr.Misc. No.61429 of 2018(3) dt.28-01-2019 2/3 The learned counsel for the petitioner has submitted that petitioner has been named as an accused in this case only because of his friendship with aforesaid Sadhu Yadav who is said to have assaulted the informant and his father. He has further submitted that petitioner has got no concern with the informant or his father and he was not even present at the place of the occurrence. Under similar circumstances, co-accused Rajesh Yadav has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 14.12.2018 passed in Cr. Misc. No. 60899 of 2018.

The copy of the case diary till paragraph No. 103 does not contain the injury report of the father of the informant. It also appears to be rather improbable that father of the informant would have been moving on the road with such huge amount in cash for the petitioner to have taken it away.

Taking into account the aforesaid facts as also that petitioner is complete outsider to the affairs of the informant and co-accused Sadhu Yadav and that he does not have any

Patna High Court Cr.Misc. No.61429 of 2018(3) dt.28-01-2019 3/3 criminal antecedents, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 181 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T