Patna High CourtCR. MISC./40177/2017allowed

Vishnudayal Yadav @ Bishnudayal Yadav And ANR v. The State Of Bihar

2017-09-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.40177 of 2017 (2) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40177 of 2017 Arising Out of PS.Case No. -49 Year- 2015 Thana -PALIGANJ District- PATNA ======================================================

1. Vishnudayal Yadav @ Bishnudayal Yadav, aged about 56 years, son of Nirgan Yadav @ Nishan Yadav.

2. Lavkush Yadav @ Lavkush Kumar, aged about 26 years, son of Vishnudayal Yadav. Both resident of Village- Udaipur, P.S.- Paliganj, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Sharma For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Paliganj Police Station Case No. 49 of 2015, disclosing offences under Sections 302 and 21/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the petitioners happen to father and step brother of the deceased and they live separately from the deceased. These petitioners have falsely been implicated in this case. Moreover, co-accused of this case has already been granted bail by a co-ordinate Bench of this

Patna High Court Cr.Misc. No.40177 of 2017 (2) dt.21-09-2017 Court in Cr. Misc. No. 19014 of 2016, which is evident from annexure-2. Hence, the petitioners deserve 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) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Danapur, in connection with Paliganj Police Station Case No. 49 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T