Khirodhar Yadav @ Indrajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23135 of 2018 Arising Out of PS. Case No.-421 Year-2017 Thana- DHANARUA District- Patna ====================================================== Khirodhar Yadav @ Indrajeet Singh, Son of Late Meghnath Singh, Resident of Village- Jahanpur, Police Station- Dhanarua, District- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307 and 120B of the IPC.

The prosecution case as per the fardbeyan of Anil Kumar recorded on 26.08.2017 by S.I., R.K. Nagar Police Station at Ford Hospital, Khemnichak, is to the effect that on 24.08.2017 at 8 PM the informant along with his son was returning from the market on a motorcycle, in the meantime, he was surrounded by co-accused Upendra Prasad, Dharmendra Prasad and Kishori Yadav, Munna Kumar and Papu Yadav and

Patna High Court Cr.Misc. No.23135 of 2018(2) dt.27-04-2018 2/3 two unknown persons. It is further alleged that on the order of Upendra Prasad, Kishore Yadav and his sons Munna Kumar and Papu Yadav and Dharmendra Yadav resorted to firing which hit on the abdomen of the informant, thereafter, the accused persons escaped from the scene. The petitioner is not named in the FIR and his name sprang up during investigation.

It is submitted by learned counsel for the petitioner that from the FIR, it appears that in the background of earlier enmity the accusation has been levelled. The accusation of resorting to fire is specific against four FIR named accused persons but the petitioner is not named in the FIR. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the name of the petitioner sprang up during investigation.

Considering the fact that the accusation of firing is specific against four persons who are named in the FIR, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Patna in connection

Patna High Court Cr.Misc. No.23135 of 2018(2) dt.27-04-2018 3/3 with Dhanarua P.S. Case No. 421 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T