Sikandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45012 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- BEERPUR District- Begusarai ====================================================== 1.

SIKANDRA YADAV SON OF CHHATTHU YADAV R/O VILLAGE- DIH PAR, WARD NO.-3, P.S.- BIRPUR, DISTRICT- BEGUSARAI 2.

ARUN YADAV SON OF CHHATTHU YADAV R/O VILLAGE- DIH PAR, WARD NO.-3, P.S.- BIRPUR, DISTRICT- BEGUSARAI 3.

VIKASH YADAV SON OF THITHO YADAV R/O VILLAGE- DIH PAR, WARD NO.-3, P.S.- BIRPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mr.H.A.Khan, APP For the Informant :

Mrs.Saroj Shandilya, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 302/34 of the IPC. As per the prosecution case, the F.I.R. named accused persons including the petitioners have committed murder of the son of the informant and hanged his dead body to the roof. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not

Patna High Court CR. MISC. No.45012 of 2022(3) dt.20-02-2023 2/2 specific rather general and omnibus in nature. It is further submitted that after investigation, police has filed charge sheet against one co-accused Pankaj Yadav u/s 306 IPC but differing with the final form, learned court below took cognizance against petitioners u/s 306 IPC. Petitioners have no criminal antecedent. Learned APP for the State and learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Birpur P.S. Case No.92 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T