Gawaskar Kumar Yadav @ Gawaskar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.51656 of 2017 (3) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51656 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Gawaskar Kumar Yadav @ Gawaskar Kumar S/o Madan Yadav, R/o Village- Kamala Kund, Babu Tola, P.S.- Goalpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav, Adv. For the Opposite Party/s : Mr. Sri Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Gopalpur Police Station Case No. 57 of 2017, disclosing offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. The specific allegation of killing the informant is attributed to co-accused Sachin Yadav, which is evident from paragraph 3 and 10 of the case diary. Moreover, neither any witness has disclosed anything about the involvement of the petitioner nor any cogent material

Patna High Court Cr.Misc. No.51656 of 2017 (3) dt.12-12-2017 has come against this petitioner during course of investigation. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, in connection with Gopalpur Police Station Case No. 57 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T