Vicky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47198 of 2019 Arising Out of PS. Case No.-403 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== VICKY YADAV, aged about 26 years, Male, Son of Late Krishna Yadav @ Rajendra Yadav Resident of Village - Maharani Road, P.S.- Kotwali, Dist.- Gaya.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Kotwali P.S. Case No. 403/2018 registered under Sections 447, 307, 34 of the Indian Penal Code. Learned counsel for the petitioner submits that this petitioner happened to be the first cousin of Ranjan Yadav, Jeetu Yadav, Chandan Yadav who are also co-accused in this case and have been granted privilege of anticipatory bail. Ranjan Yadav was granted anticipatory bail by the court below whereas Jeetu Yadav and Chandan Yadav have been granted anticipatory bail by learned coordinate Bench of this court in Cr. Misc. No. 21362/2019, copy of which is

Patna High Court CR. MISC. No.47198 of 2019(3) dt.14-10-2019 2/3 annexed as Annexure '2' to the present application. Learned counsel submits that the two cases in which the petitioner has been made accused have been disclosed in paragraph '3' of the application. It is those cases which were lodged by the co-sharers and in those cases the co-accused are also made accused, therefore in order to maintain uniformity the petitioner deserves to be enlarged on anticipatory bail. Learned A.P.P. for the State has opposed the prayer for anticipatory bail. It is his submission that the nature of allegations are such which cannot be said to be a case of false implication but the learned A.P.P. admits to the extent that similarly situated accused have been granted privilege of anticipatory bail.

In the given facts and circumstances of the case, considering that similarly situated co-accused have been granted privilege of anticipatory bail by the court below as well as learned coordinate Bench of this court, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the

Patna High Court CR. MISC. No.47198 of 2019(3) dt.14-10-2019 3/3 like amount each to the satisfaction of learned C.J.M., Gaya, in connection with Kotwali P.S. Case No. 403/2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T