Sitaram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.879 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- JAMUI District- Jamui ====================================================== 1.

SITARAM YADAV S/O. SHIBU YADAV Resident Of Village - Chandwara, P. S. - Jamui, District - Jamui. ja 2.

Dasharath Yadav S/O. Late Tota Yadav Resident Of Village - Chandwara ,P. S. - Jamui District - Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Kumari Sujata Sinha For the Opposite Party/s :

Mrs. Pushpa Sinha, APP For the Informant :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2021 Heard learned counsel for the petitioner No. 1, learned APP for the State and learned counsel for the informant through virtual mode.

Vide order dated 19.07.2021 passed in the present proceeding, the present application in respect of petitioner no. 2 was already dismissed as withdrawn.

The petitioner No. 1 is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 326 and 302 of the Indian Penal Code.

The prosecution allegation, in short, is that while the informant was returning along with his father, the accused persons surrounded them and assaulted upon the head of father

Patna High Court CR. MISC. No.879 of 2021(3) dt.14-09-2021 2/3 of the informant due to which he died.

It has been submitted on behalf of the petitioner no. 1 that he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No. 1. The petitioner No. 1 has falsely been implicated in the present case. There is no allegation of assault alleged against petitioner no. 1. The allegation of assault is against the co-accuseds who are alleged to have assaulted the deceased and caused injury upon the deceased.

On behalf of the State and informant, it is submitted that the petitioner No. 1 is named in the F.I.R. Considering the aforesaid facts and circumstances, the petitioner No. 1, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 155/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner No. 1 shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.879 of 2021(3) dt.14-09-2021 3/3 eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T