Patna High CourtCR. MISC./7994/2018allowed

Ramawtar Yadaw v. The State Of Bihar

2018-02-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.7994 of 2018 (2) dt.19-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7994 of 2018 Arising Out of PS.Case No. -357 Year- 2017 Thana -BARHARIA District- SIWAN ======================================================

1. Ramawtar Yadaw S/o Late Kishundeo Yadav, R/o Vill.- Bhalua, P.S.- Barharia, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.K. Lal, Adv. : Mr. Ajay Kumar Pandey, Adv.

: Mr. Sandeep Kumar, Adv.

: Mr. Rinki Kumari, Adv.

For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat, A.P.P. For the Informant : Mr. Sanjeev Nikesh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barharia Police Station Case No. 357 of 2017, disclosing offences under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of suspicion, the petitioner has been made accused in this case. Moreover, according to paragraph-22 of the case

Patna High Court Cr.Misc. No.7994 of 2018 (2) dt.19-02-2018 diary, Jitendra Yadav and Umesh Yadav have been identified as main accused and this petitioner has been suspected that he might have coped with the accused persons in committing the alleged offence. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barharia Police Station Case No. 357 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T