Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27487 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -HULASGANJ District- JEHANABAD ====================================================== Binod Yadav, Son of Late Mahendra Yadav, resident of VillageGhanshyam Bigha, Police Station- Hulasganj in the district of Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 21-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hulasganj P.S. Case No.4 of 2017 registered under Sections 302/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner alongwith five others is named in the F.I.R. but no specific over act is attributed to the petitioner. In course of investigation, the witness Navin Kumar, who is said to be an eye witness, in paragraph-6 of the case diary, has disclosed the name of the petitioner and one Annu Yadav alias Anuj Yadav but he has not stated anything against the petitioner. Ramlakhan

Patna High Court Cr.Misc. No.27487 of 2017 (3) dt.21-09-2017 2/2 Prasad, Satyendra Prasad and Rampreet Prasad, whose statement is detailed in paragraphs-52, 53 and 54 of the case diary respectively, claimed themselves to be the eye witnesses to the occurrence but have stated that this petitioner and Annu Yadav alias Anju Yadav had come just after the occurrence. The petitioner has no criminal antecedent. Further submission is that the similarly situated co-accused Annu alias Annu Yadav alias Anuj Yadav has already been granted anticipatory bail by a Bench of this Court vide order dated 24.07.2017 passed in Criminal Misc. No.25478 of 2017.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Hulasganj P.S. Case No.4 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T