Uday Yadav @ Uday Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15174 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -KHIJARSARAI District- GAYA ======================================================
1. Sudhir Kumar Son of Late Madan Yadav, resident of village- Bahbalpur, Police Station- Khizar Sarai and District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.18982 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -KHIJARSARAI District- GAYA ======================================================
1. Ravindra Kumar @ Ravi son of Late Brahandeo Yadav resident of Village- Bahbalpur, Police Station- Khizar Sarai and District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21309 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -KHIJARSARAI District- GAYA ====================================================== Ashutosh Kumar @ Aashutosh Kumar, son of Late Arun Kumar Sinha, R/o Vill. Bahbalpur, P.S. Khizar Sarai and Distt. Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21369 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -KHIJARSARAI District- GAYA ======================================================
1. Uday Yadav @ Uday Kumar son of Balgovind Yadav
2. Chandramani Devi wife of Uday Kumar Both are residents of Village - Bahbalpur, Police Station - Khizar Sarai and District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2/4 .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.15174 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sanjay Kumar (App) (In Cr.Misc. No.18982 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. A.K.Choudhary(App) (In Cr.Misc. No.21309 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. P.K. Chourasiya (App) (In Cr.Misc. No.21369 of 2015) For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2015 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. The petitioners (five in number) in Cr. Misc. Nos. 15174/2015, 18982/2015, 21309/2015 & 21369/2015 apprehend their arrest in a case under Sections 302/34 of the Indian Penal Code.
The petitioners are not named in the F.I.R. The informant alleged that his uncle came running and told that four persons came concealing their face and administered some poisonous substance in his mouth. Thereafter, the uncle of the informant vomited. He was brought to P.M.C.H. for treatment but died. During the course of investigation, the names of the petitioners along with Dinesh Yadav and Kiran Devi transpired. Kiran Devi is alleged to be working with the deceased in the
3/4 school and the deceased had some dispute with her with regard to payment of commission.
There appears from perusal of the entire case diary that only suspicion is cast upon the petitioners on account of enmity. Similarly situated co-accused Kiran Devi @ Kiran Kumari has already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 14813/2015 and co-accused Dinesh Yadav has been granted regular bail vide order passed in Cr. Misc. No. 17404/2015.
Learned counsel for the informant, however, vehemently opposed the prayer for anticipatory bail and submitted that co-accused Dinesh Yadav was granted regular bail by this Court but he could not be able to point out any tangible material to show the involvement of the petitioners in killing of the deceased. Considering the facts aforesaid, the petitioners, namely, Sudhir Kumar, Ravindra Kumar @ Ravi, Ashutosh Kumar @ Aashutosh Kumar, Uday Yadav @ Uday Kumar and Chandramani Devi, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the
4/4 satisfaction of Miss Akanksha Kashyap, Judicial Magistrate, 1st Class, Gaya in Khizar Sarai P.S. Case No. 248/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T