Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52379 of 2018 Arising Out of PS.Case No. -206 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Devendra Yadav, Son of Late Ramjee Yadav, Resident of VillageBarkhandi Tola, P.S.- Mufassil, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 302, 448 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that the accused persons including the petitioner having armed with deadly weapons, surrounded the house of the informant. It is also alleged that on the order of Chandradeo Yadav, co-accused Anuj Yadav, fired upon the brother of the informant, as a result of which, the informant's brother succumbed to the injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court Cr.Misc. No.52379 of 2018 (2) dt.10-09-2018 tampering of witnesses alleged against the petitioner. The main allegation of causing injury to the deceased is against co-accused Anuj Yadav. Co-accused Rajendra Yadav is alleged to have caused injury to Deepak Yadav whereas Manish Yadav is alleged to have caused injury to the informant. So far as the petitioner is concerned; no specific overt act has been attributed against him. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria Muffasil P.S. Case No. 206 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T