Arvind Yadav @ Bin Yadav @ Veena Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32422 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Arvind Yadav alias Bin Yadav @ Veena Yadav, son of Deo Charan Yadav, resident of village- Guraur, P.S.- Chhabilapur, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upendra Kumar, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 27-02-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Chhabilapur P.S. Case No.35 of 2015 instituted for the offence under Section(s) 396 Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that the petitioner is not named in the First Information Report. Name of the petitioner has come during investigation in the statement of the family members of the deceased recorded under Section 164 Cr. P. C., as mentioned in para 125, 126, 131 of the case diary, which have been recorded after lapse of about five months from the date of occurrence.
Patna High Court Cr.Misc. No.32422 of 2016 (4) dt.27-02-2017 2/3 The learned APP has submitted that in the statement of the witnesses recorded under Section 164 Cr. P. C., they have alleged that this petitioner gave order and one Ashok Yadav fired in the chest of the deceased. The learned APP also pointed out the Post Mortem Examination Report, wherein, the doctor has found one wound of entry and one wound of exit caused by fire arm.
It has been submitted that co-accused, Deo Charan Yadav @ Dev Charan Yadav, with similar allegation has been granted bail by a co-ordinate Bench of this Court by order dated 25.04.2016 passed in Cr. Misc. No.9363 of 2016. Even in the statement of the witnesses recorded under Section 164 Cr. P. C., the petitioner is alleged to be only order giver and no specific overt act has been alleged against him.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chhabilapur P.S. Case No.35 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 7th Additional
Patna High Court Cr.Misc. No.32422 of 2016 (4) dt.27-02-2017 3/3 Sessions Judge, Nalanda at Biharsharif, subject to the condition as laid down under Section 438(2) Cr. P. C.
(Sanjay Priya, J) JA/- U T