Dashu Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8637 of 2017 Arising Out of PS.Case No. -138 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================

1. Dashu Yadav

2. Nanhu Yadav, Both Sons of Late Manger Yadav, Resident of VillageReganiyatand, Police Station- Barachatti, District- Gaya.

3. Nageshwar Yadav, S/o Late Meghan Yadav, Resident of VillageBanburua, Police Station- Barachatti, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kr. Sinha, Advocate For the Opposite Party : Mr. Sri Braj Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Sherghati (Dobhi) P.S. Case No. 138 of 2015, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Allegedly, after recovery of dead body of the father of the informant in the forest area, the informant lodged this case suspecting the hands of Kishun Yadav and others including the petitioners in killing of his father and further they threw the dead body in the forest.

Submission is of false implication and that there is

Patna High Court Cr.Misc. No.8637 of 2017 (2) dt.07-03-2017 2/2 no witness of the occurrence and only on suspicion the name of the petitioners have been mentioned in the F.I.R. and in this case similarly situated co-accused Prakash Yadav has been allowed pre-arrest bail vide Cr. Misc. No. 41279 of 2016 by another coordinate Bench of this Court and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. did not dispute the aforesaid facts. In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 138 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T