Jalim Yadav @ Nagendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22180 of 2018 Arising Out of PS.Case No. -48 Year- 2011 Thana -KORANSARAI District- BUXAR ======================================================

1. Jalim Yadav @ Nagendra Singh S/o late Ramdeyal Yadav

2. Upendra Yadav @ Upendra Singh S/o Mahendra Yadav

3. Lali Yadav@ Lali Singh S/o late Ramdeyal Yadav

4. Manji Yadav S/o Mahendra Yadav All resident of Village- Sudhar Dera, P.S.-Koran Sarai, District- Buxar. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Koransarai P.S. Case No. 48 of 2011 registered under Sections 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by the learned counsel for the petitioners that though the petitioners are named in the first information report, in course of investigation their culpability

Patna High Court Cr.Misc. No.22180 of 2018 (2) dt.26-04-2018 was not found in the commission of the crime and it was the informant and two of his accomplices who were sent up for trial. He submitted that the petitioners were not sent up for trial but without there being any material against the petitioners in the case diary, merely on the basis of statement of the informant, who herself has been made accused in the case, the learned Magistrate took cognizance of the offence and summoned the petitioners also.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. He submitted that the alleged offence under Section 302 read with 34 of the Indian Penal Code, the learned Magistrate has found prima facie material against the petitioners also and they have been summoned to face trial.

Be that as it may, considering the fact that the statutory investigation agency has found the petitioners innocent, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Buxar in connection with

Patna High Court Cr.Misc. No.22180 of 2018 (2) dt.26-04-2018 Koransarai P.S. Case No. 48 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T