Raj Kishor Yadav @ Raj Kishor Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47380 of 2016 Arising Out of PS.Case No. -180 Year- 2009 Thana -BARH District- PATNA ======================================================

1. Raj Kishor Yadav @ Raj Kishor Prasad son of Late Maho Yadav

2. Suraj Yadav @ Suraj Deo Jyoti son of Rajkishor Yadav @ Raj Kishor Prasad Both are residents of Village/Mohalla- Gulab Bagh, Police Station- Barh, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2016 The learned counsel for the petitioners does not want to press the prayer of pre-arrest bail of petitioner no.2 Suraj Yadav @ Suraj Deo Jyoti on the ground that he has already been allowed regular bail after his arrest.

Under the circumstances, this Criminal Miscellaneous is dismissed as withdrawn as against petitioner no.2. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner no.1 apprehends his arrest in connection with Barh P.S. Case No. 180 of 2009 for the offence punishable under section 307 of the I.P.C and section 27 of the Arms Act.

Patna High Court Cr.Misc. No.47380 of 2016 (2) dt.15-12-2016 2/2 At the very out set it has been submitted that against petitioner no.1 after investigation charge sheet was not submitted and he was not sent up. The learned A.C.J.M, Barh after differing with the opinion of the investigating officer took cognizance against the petitioner also.

In the facts and circumstances as stated above, considering that during investigation hands of petitioner no.1, namely, Raj Kishor Yadav @ Raj Kishor Prasad was not found in the occurrence and as such he, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall 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. A.C.J.M. Barh, Patna in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T