Krishnandan Yadav @ Shivnandan Yadav @ Krishnandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57221 of 2024 Arising Out of PS. Case No.-834 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== KRISHNANDAN YADAV @ SHIVNANDAN YADAV @ KRISHNANDAN YADAV S/O LATE RAJENDRA YADAV R/O Village- Kallar Tola, P.S.- Muffasil (Khagaria), Dist.- Khagaria ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Kumar For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his/her arrest in connection with Khagaria Muffasil (Khagaria) P.S. Case No. 834 of 2019, G.R. No. 3284 of 2019, registered for the offences punishable under Sections 341, 302/34 of the Indian Penal Code and 27 of the Arms Act.
3. As per prosecution case, when the brother of the informant (the deceased) was coming from flour mill, six named accused persons on three motorcycles surrounded his brother. At the order of co-accused Pandav Yadav, co-accused Madan Yadav fired shot targeting Rajesh Yadav, who died at the spot.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.57221 of 2024(3) dt.09-12-2024 2/2 that he is innocent and has falsely been implicated in this case. He is neither order giver nor the assailant. The FIR itself shows that co-accused Pandav Yadav is the assailant and the allegation of firing shot is against co-accused Madan Yadav. Except the allegation that the petitioner was a member of the mob, nothing elicited against him during the entire course of investigation.
5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria Muffasil (Khagaria) P.S. Case No. 834 of 2019, G.R. No. 3284 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) kundan/- U T