Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66387 of 2021 Arising Out of PS. Case No.-39 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== 1.

SUNIL YADAV Son of Sri Yadav Resident of Village - Damka, P.S.- Fatehpur, Distt.- Gaya.

2.

Lekhraj Yadav Son of Ragho Yadav Resident of Village - Damka, P.S.- Fatehpur, Distt.- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh Mr. Madhav Roy Mr. R.N.Tiwari Mr. R.K. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2022 Heard learned counsel appearing on behalf of petitioners, State and informant.

The petitioners apprehend their arrest in a case registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., the allegation against petitioners is that they alongwith other co-accused surrounded the informant and his brother and thereafter, petitioners and others caught hold of brother of informant and co-accused Vikram Kumar @ Vikram Kumar Yadav fired at brother of informant, due to which, he sustained injury and in course of treatment, died.

Patna High Court CR. MISC. No.66387 of 2021(3) dt.17-10-2022 2/2 It is submitted on behalf of petitioners that specific accusation of firing is against co-accused Vikram Kumar. So far as these petitioners are concerned, they are only alleged to have caught hold of the deceased. Police after investigation submitted final form. Petitioners have got clean antecedent. However, learned counsel for the informant vehemently opposes the prayer for anticipatory bail. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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. - X, Gaya in connection with Fatehpur P.S. Case No. 39 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T